MONTOYA v. JOHNSON

PER CURIAM

Respondent has moved pursuant to ORAP 7.05 to dismiss this appeal as moot under the rationale of Jones v. Thompson, 156 Or. App. 226, 968 P.2d 380 (1998). We grant and allow the motion and vacate our prior opinion. Montoya v. Johnson, 157 Or. App. 189, 966 P.2d 832 (1998).

Motion allowed; opinion vacated; appeal dismissed.