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State ex rel. St. Clement of Ohrid Macedonian Orthodox Church v. McGough

Citations: 94 Ohio St. 3d 1455; 762 N.E.2d 372; 2002 Ohio LEXIS 304Docket: 01-1886

Court: Ohio Supreme Court; February 5, 2002; Ohio; State Supreme Court

Narrative Opinion Summary

The appeal from the Court of Appeals for Lorain County is pending under case number Lorain App. No. 01CA007787. The appellants failed to file a merit brief by the due date of January 28, 2002, which is a violation of the Supreme Court's Rules of Practice. As a result of this lack of compliance and diligence in prosecuting the case, the court has ordered the dismissal of the appeal sua sponte.

Legal Issues Addressed

Dismissal of Appeal for Lack of Prosecution

Application: The court dismissed the appeal on its own initiative due to the appellants’ non-compliance and lack of action in advancing their case.

Reasoning: As a result of this lack of compliance and diligence in prosecuting the case, the court has ordered the dismissal of the appeal sua sponte.

Filing Deadlines under Supreme Court's Rules of Practice

Application: The appellants' failure to file a merit brief by the specified deadline constituted a violation of the procedural rules.

Reasoning: The appellants failed to file a merit brief by the due date of January 28, 2002, which is a violation of the Supreme Court's Rules of Practice.