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Leashley v. Rezac

Supreme Court of Ohio
Mar 10, 1937
7 N.E.2d 229 (Ohio 1937)

Opinion

No. 26396

Decided March 10, 1937.

Supreme Court — Dismissals — Appeal — Section 12223-21, General Code — Rule VII, Courts of Appeals — Briefs of appellant not filed within limitation — Dismissal of appeal within discretion of court, when — Action pending in Court of Appeals — Overruling motion to dismiss appeal not final order, when.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. A.H. Martin and Mr. H.T. Gassaway, for appellee.

Mr. Philip Kasdan and Messrs. Shuler, Smith Freer, for appellant.


It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason that the overruling of the motion to dismiss the appeal for failure to file brief within the time prescribed by Rule VII of the Rules of Practice of the Courts of Appeals is not a final order or judgment from which appeal may be prosecuted.

Appeal dismissed.

WEYGANDT, C.J., JONES, MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.


Summaries of

Leashley v. Rezac

Supreme Court of Ohio
Mar 10, 1937
7 N.E.2d 229 (Ohio 1937)
Case details for

Leashley v. Rezac

Case Details

Full title:LEASHLEY, APPELLEE v. REZAC, APPELLANT

Court:Supreme Court of Ohio

Date published: Mar 10, 1937

Citations

7 N.E.2d 229 (Ohio 1937)
7 N.E.2d 229

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