Opinion
CV88-629; CA A60458
Argued and submitted September 25, 1989
Reversed and remanded November 8, 1989 Reconsideration denied January 26, 1990 Petition for review denied March 6, 1990 ( 309 Or. 441)
Appeal from Circuit Court, Umatilla County.
J.F. Olsen, Judge.
Kurt C. Bendixsen, Hermiston, argued the cause for appellant. With him on the brief was Garry L. Reynolds, P.C., Hermiston.
Wendy Jo Paris, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded.
Plaintiff, an inmate at the Eastern Oregon Correctional Institution, appeals from a summary judgment dismissing his petition for habeas corpus relief. Because the trial court erred in entertaining a motion for summary judgment, Kinney v. Maass, 98 Or. App. 590, 779 P.2d 632 (1989); see Bedell v. Scheidler, 307 Or. 562, 566, 770 P.2d 909 (1989); Lane v. Maass, 98 Or. App. 75, 778 P.2d 503 (1989), we reverse and remand.
Reversed and remanded.