concurring.
I agree with the majority that the petition for review should be dismissed.
In Banister Continental Corp. v. NW Pipeline Corp., *157301 Or 763, 724 P2d 822 (1986), we dismissed the “appeal” and vacated the Court of Appeals decision. In this case we have dismissed the petition for review but have not vacated the Court of Appeals decision. I fail to understand why the majority opinion does not say so.