
    Submitted on record and briefs February 1,
    appeal dismissed March 13, 2002
    William Stirling MAXWELL, Appellant, v. Michael R. STEBBINS and Nickolas C. Nylander, Respondents.
    
    99 CV 0130; A112488
    42 P3d 339
    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
   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 (A108022), 180 Or App 48, 42 P3d 336 (2002), we held that the trial court erred in dismissing the complaint with prejudice. That decision renders this appeal moot.

Appeal dismissed.  