Knox County, No. CA-9126. This cause is pending before the court on the filing of a motion and cross-motion for an order directing the Court of Appeals for Knox County to certify its record. It appears from the records of this court that appellee/cross-appellant, Ching Fu Englebrecht, has failed to prosecute his appeal with the requisite diligence. Upon consideration thereof,

IT IS ORDERED by the court that the cross-appeal be, and hereby is, dismissed sua sponte.