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