Opinion
(CA A95499; S.C. S46714).
Dated June 23, 2003.
On appeal from Marion County Circuit Court, Case no. 94C20467.
ORDER AFFIRMING BY AN EQUALLY DIVIDED COURT
Upon consideration by the court.
The decision of the Court of Appeals is affirmed by an equally divided court.
Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14, 2001, and did not participate in the decision of this case; Leeson, J., resigned January 31, 2003, and did not participate in the decision of this case; De Muniz and Balmer, JJ., did not participate in the consideration or decision of this case.