Huron County, No. H-94-044. This cause is pending before the court as a discretionary appeal and cross-appeal and as a claimed appeal of right. Upon consideration of appellee/cross-appellant’s application for dismissal,

IT IS ORDERED by the court that the application for dismissal be,'and hereby is, granted, and the cross-appeal is dismissed, effective October 12, 1995.

The appeal of appellant, G. Gary Knisely, remains pending.