Opinion
2005-1354.
August 2, 2005.
Franklin App. No. 05AP-711.
MOTION AND PROCEDURAL RULINGS
This cause is pending before this court as a discretionary appeal and claimed appeal of right. On July 27, 2005, appellant filed an amended motion for stay pending appeal. Prior to the amended filing, appellees filed a memorandum in opposition to appellant's initial stay of motion. Whereas S.Ct.Prac.R. VIII(7) prohibits the amendment of a motion if a memorandum opposing the motion has already been filed, the amended motion should not have been filed. Accordingly,
IT IS ORDERED that appellant's July 27, 2005, amended motion for stay is stricken.