Opinion
No. 2009-0001.
February 5, 2009.
Cuyahoga App. No. 90617, 2008-Ohio-5990.
MISCELLANEOUS DISMISSALS.
This cause is pending before the court as a discretionary appeal and cross-appeal and claimed appeal of right. It appears from the records of the court that the appellee/cross-appellant has not filed a memorandum in response and in support of the cross-appeal, due February 2, 2009, in compliance with the Rules of Practice of the Supreme Court and therefore has failed to prosecute this cause with the requisite diligence. Upon consideration thereof,
It is ordered by the court that the cross-appeal is dismissed sua sponte.
It is further ordered that the appeal of the state of Ohio remains pending.