STATE, EX REL. LIPSON v. HUNTER, BLDG. COMMR

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

Per Curiam.

The appellant, Phillips, not having attempted to intervene as a party to the cause in the Court of Appeals, is without capacity to appeal. The motion to dismiss the appeal is sustained, and the appeal is dismissed.

Appeal dismissed.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.