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 P2d 380 (1998). We grant and allow the motion and vacate our prior opinion. Montoya v. Johnson, 157 Or App 189, 966 P2d 832 (1998).

Motion allowed; opinion vacated; appeal dismissed.