IN THE SUPREME COURT OF THE STATE OF OREGON

PATRICIA SURFACE, ) Multnomah County Circuit Court ) Case no. 6909-07133 Plaintiff-Appellant, ) Petitioner on Review, ) ) and ) ) JAMES SURFACE, ) ) Plaintiff, ) Petitioner on Review, ) ) v. ) SC S45629 ) CA A98377 AMERICAN SPIRIT INSURANCE ) COMPANIES/GREAT AMERICAN ) INSURANCE COMPANIES, ) ) Defendants-Respondents, ) ORDER AFFIRMING BY AN Respondents on Review. ) EQUALLY DIVIDED COURT

Upon consideration by the court. The decision of the Court of Appeals is affirmed by an equally divided court. Dated this 8th day of April 2003.

WALLACE P. CARSON, JR. CHIEF JUSTICE

Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14, 2001, and did not participate in the decision of this case; Leeson, J., resigned January 31, 2003, and did not participate in the decision of this case; De Muniz and Balmer, JJ., did not participate in the consideration or decision of this case.