MOTION AND PROCEDURAL RULING
This cause is pending before the court as a discretionary appeal and claimed appeal of right.
Review of the memorandum in response of appellee reveals that it fails to comply with S.Ct.Prac.R. 8.4(A)(3), which requires that documents "shall be at least 12-point, double-spaced noncondensed type" and further states that "`noncondensed type' shall refer either to Times New Roman type or to another type that has no more than 80 characters...
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