The last day of a losing party to file a notice of appeal from the Regional Trial Court to the Court of Appeals fell on June 12, a legal holiday. The day after, or on June13, the counsel for the losing party moved that the period within which to file a notice of appeal be extended for 10 days, citing the counsel’s “humongous” case load, among others.

On June 23 that same year, without the motion for extension being acted upon, the counsel for the losing party filed a notice of appeal. Should this appeal be dismissed? Explain briefly. (2020-21 BAR)