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’Neilu, C. J., Herbert, CorrigaN, SterN, Celebrgzze, "W. BrowN and P. Brown, JJ., concur.