Appellees have withdrawn their request for access to the transcript and identification of the witness. We cannot simply dismiss the appeal, however, for that would leave appellant bound by the judgment of the court of appeals, whether appellees desire that judgment’s enforcement or not.
Accordingly, we remand this cause to the court of appeals for further proceedings.
Cause remanded.
Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Re snick, JJ., concur.