Montgomery App. Nos. 19319 and 19324, 2002-Ohio-5826. This cause is pending before the court as a discretionary appeal and cross-appeal and claimed appeal of right. Upon consideration of the application for dismissal of cross-appeal of First American Title Insurance Company of New York,
IT IS ORDERED by the court that the application for dismissal of cross-appeal be, and hereby is, *1406granted.
The appeal of Fifth Third Bank, Western Ohio, remains pending.