MISCELLANEOUS DISMISSALS, 80 Ohio St.3d 1460 (1997)

687 N.E.2d 290Supreme Court of Ohio.
1997.

MISCELLANEOUS DISMISSIALS Wednesday, December 3, 199797-1682. Associated Estates Realty Corp. v. Cuyahoga Cty. Bd. ofRevision.

Board of Tax Appeals, No. 96-A-337. This cause is pending before the court as an appeal from the Board of Tax Appeals. It appears from the records of this court that appellant’s merit brief filed November 10, 1997 does not include a copy of the judgment or order from which this appeal is taken, as required by S.Ct.Prac.R. VI(1)(B)(5). Accordingly,

IT IS ORDERED by the court, sua sponte, that appellant’s brief be, and hereby is, stricken. Whereas appellant has not filed a merit brief in compliance with the Rules of Practice of the Supreme Court and therefore has failed to prosecute this cause with the requisite diligence,

IT IS ORDERED by the court that this cause be, and hereby is, dismissed sua sponte.

97-2345. State v. Marshall.

Richland App. No. 96CA108. On November 10, 1997, a notice of appeal was filed and docketed by the Clerk’s Office without the docket fee required by S.Ct.Prac.R. XV(1), or the affidavit of indigency in lieu of the fee, permitted by S.Ct.Prac.R. XV(3). Accordingly,

IT IS ORDERED by the court, sua sponte, that the notice of appeal be, and hereby is, stricken.

IT IS FURTHER ORDERED by the court, sua sponte, that this cause be, and hereby is, dismissed for failure to pay the docket fee or file an affidavit of indigency in lieu of the fee.