Franklin App. No. 14AP-405, 2016-Ohio-8333. Appellee/cross-appellant has not filed a second merit brief, due June 1, 2017, in compliance with the Rules of Practice of the Supreme Court of Ohio and therefore has failed to prosecute this cause with the requisite diligence. The cross-appeal of appellee/eross-appellant is dismissed. This cause remains pending on the appeal of appellant/cross-appellee.