FILED: March 13, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

WILLIAM STIRLING MAXWELL,

Appellant,

v.

MICHAEL R. STEBBINS
and NICKOLAS C. NYLANDER,

Respondents.

99 CV 0130; A112488

Appeal from Circuit Court, Curry County.

Hugh C. Downer, Jr., Judge.

Submitted on record and briefs February 1, 2002.

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.

PER CURIAM

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, ___ Or App ___, ___ P3d ___ (March 13, 2002), we held that the trial court erred in dismissing the complaint with prejudice. That decision renders this appeal moot.

Appeal dismissed.


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