This cause is pending before the court as an appeal and cross-appeal from the Court of Appeals for Cuyahoga County. It appears from the records of the court that the appellee/cross-appellant has not filed a memorandum in response and in support of cross-appeal, due December 8, 2004, in compliance with the Rules of Practice of the Supreme Court and therefore has failed to prosecute the cross-appeal with the requisite diligence. Upon consideration thereof,
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