This cause is pending before the court as a discretionary appeal. On April 22, 2005, an appeal was filed from the same court of appeals decision being appealed in this case and was assigned case No. 05-0717. Accordingly,
IT IS ORDERED by the court, sua sponte, that a copy of the notice of appeal filed in case No. 05-0717 be deemed as a second notice of appeal in this case.
IT IS FURTHER ORDERED that appellee shall file a memorandum in response addressing both...
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