Ohio Supreme Court, 1996

State ex rel. Oberer Dev. Co. v. Montgomery Cty. Bd. of Elections

State ex rel. Oberer Dev. Co. v. Montgomery Cty. Bd. of Elections
Ohio Supreme Court · Decided October 7, 1996
77 Ohio St. 3d 1403; 670 N.E.2d 478

State ex rel. Oberer Dev. Co. v. Montgomery Cty. Bd. of Elections

Opinion of the Court

Montgomery App. No. 16075. This cause is pending before the court as an appeal and cross-appeal from the Court of Appeals for Montgomery County. On October 4, 1996, appellants/cross-appellees filed a merit brief that was due October 3,1996. S.CtPrae.R. XIV(1)(C) prohibits the filing of a brief that is not timely tendered for filing. Accordingly,

*1404IT IS ORDERED by the court, sua sponte, that the merit brief be, and hereby is, stricken, and the appeal of appellants/cross-appellees, Ritva Williamson et al., be, and hereby is, dismissed for want of prosecution.

IT IS FURTHER ORDERED by the court that the brief of cross-appellants shall be due on or before October 7, 1996; brief of cross-appellees shall be due within three days after cross-appellants’ brief; reply brief of cross-appellants shall be due within three days after cross-appellees’ brief; and the pending cross-appeal shall otherwise be briefed in accordance with S.Ct.Prac.R. VT(1),(2) and (3).

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