Ex parte Kurtzhalz

I concur in the judgment refusing the writ upon the opinion of Judge Barnes as to the effect of the dismissal entry in this court on the rights of the parties but differ upon the statement “That the plaintiff * * * had a perfect right to withdraw her notice of appeal prior to the filing of the same in the Court of Appeals.”

If the majority opinion is sound, upon the right of the plaintiff to withdraw her notice of appeal in the Common Pleas Court, then all that was subsequently done in the Court of Appeals was unnecessary, unauthorized and without effect. The proposition upon which we differ…