PETREE, P. J.
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...
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