City of Columbus v. Turner

This case is submitted on a motion of defendant, appellee herein, to dismiss the appeal filed herein, for two reasons:

1. Leave was not first obtained to file such appeal as provided in Section 2953.04, Revised Code.

2. Notice of appeal was not filed in the Court of Appeals.

Counsel for both appellant and appellee have furnished briefs on the merits of the case, have made oral arguments to the court, and have submitted the case for decision on its merits in the event that the motion to dismiss the appeal should be overruled.

Section 2953.05 of the Revised Code provides as follows:

“Appeal under…