Opinion
Nos. (A128171)(S055381).
January 29, 2009.
Appeal from the ( 214 Or App 260, rev allowed, 344 Or 280 (2008)).
Petitions for Review Dismissed.
Upon consideration by the court. The motion submitted by respondent on review to dismiss the petition for review in this case as moot due to respondent's death is granted. Petitioner on review's motion to vacate the Court of Appeals opinion below is denied without prejudice; petitioner on review is free to file such a motion in the Court of Appeals. The petition for review is therefore dismissed as moot and the case remanded to the Court of Appeals for further proceedings under the Oregon Rules of Appellate Procedure (ORAP) 8.05(2)(c)(ii).