Opinion
99 CV 0130; A112488
Submitted on record and briefs February 1, 2002.
Filed: March 13, 2002
Appeal from Circuit Court, Curry County. Hugh C. Downer, Jr., Judge.
William Stirling Maxwell filed the brief pro se.
Charles D. Carlson and Brown, Roseta, Long, McConville, Kircullen Carlson, filed the brief for respondent Michael R. Stebbins.
Joel S. DeVore and Luvaas, Cobb, Richards Fraser, P.C., filed the brief for respondent Nickolas C. Nylander.
Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.
PER CURIAM
Appeal dismissed.
Plaintiff filed a complaint against defendants, which was dismissed with prejudice following motions to dismiss under ORCP 21. Plaintiff appealed the judgment dismissing the complaint. Meanwhile, plaintiff filed a motion to set aside the judgment pursuant to ORCP 71 B(1). The trial court denied the motion, and plaintiff now appeals that decision. In Maxwell v. Stebbins, 180 Or. App. 48, 42 P.3d 336 (2002), we held that the trial court erred in dismissing the complaint with prejudice. That decision renders this appeal moot.
Appeal dismissed.