Maxwell v. Stebbins

Full title: WILLIAM STIRLING MAXWELL, Appellant, v. MICHAEL R. STEBBINS and NICKOLAS…

Court: Oregon Court of Appeals

Date published: Mar 13, 2002

42 P.3d 339 (Or. Ct. App. 2002)

42 P.3d 339

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.

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, 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.