It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason that the overruling of the motion to dismiss the appeal for failure to file brief within the time prescribed by Rule VII of the Rules of Practice of the Courts of Appeals is not a final order or judgment from which appeal may be prosecuted.
Appeal dismissed.
Weygandt, C. J., Jones, Matthias, Day, Zimmerman, Williams and Myers, JJ., concur, •