2004-Ohio-5294, 815 N.E.2d 1122
2004-1493.Supreme Court of Ohio.
October 1, 2004.
Cuyahoga App. No. 84980.
This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. Upon consideration of appellant’s motion to expedite the briefing schedule and decision, and appellee’s motion to dismiss and/or strike appellant’s merit brief,
IT IS ORDERED by the court that appellee’s motion to dismiss be, and hereby is, denied.
IT IS FURTHER ORDERED by the court that appellee’s motion to strike appellant’s merit brief is granted and that appellant’s merit brief be, and hereby is, stricken as being filed prematurely. Appellant may file a new brief that complies with S.Ct.Prac.R. VI now that the record has been filed.
IT IS FURTHER ORDERED by the court that appellant’s motion for expedited briefing schedule and decision be, and hereby is, denied.
LUNDBERG STRATTON, J., dissents and would deny appellee’s motion to strike appellant’s merit brief and grant appellant’s motion for expedited briefing schedule and decision.