Opinion
79-2632-E-1; CA A31099
Argued and submitted September 14, 1984
Reversed and remanded with instructions October 31, 1984
Appeal from Circuit Court, Jackson County.
L. A. Merryman, Judge.
Thomas C. Howser, Ashland, argued the cause for appellant. On the brief were Rebecca G. Orf and Cottle Howser, Ashland.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed and remanded for further proceedings in light of State ex rel Hathaway v. Hart, 70 Or. App. 541, 690 P.2d 514 (1984).
Reversed and remanded for further proceedings in the light of State ex rel Hathaway v. Hart, 70 Or. App. 541, 690 P.2d 514 (1984).
The trial court should assure that any further proceedings occur wholly on the record.