STATE, EX REL. JONES, v. WILSON

Appeal — Parties — One not party to case and not intervening — Without capacity to appeal.

Per Curiam.

Appellant, Gardner, not being a party to the cause in the Court of Appeals and not having attempted to intervene as a party in that court, is without capacity to appeal.

The appeal is, therefore, dismissed sua sponte. State, ex rel. Lipson, v. Hunter, Bldg. Commr. (1965), 2 Ohio St.2d 225, 208 N.E.2d 133.

Appeal dismissed.

O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.