Jantzen Beach Associates v. Jantzen Dynamic Corp.

Plaintiff petitions for reconsideration of our opinion reversing a judgment in its favor and dismissing its cross-appeal as moot. Jantzen Beach Associates v. Jantzen Dynamic Corp., 200 Or App 457, 115 P3d 943 (2005). Plaintiff contends, among other things, that we failed to address one of the assignments of error in its cross-appeal, which was a necessary precursor to our review of the merits in this action. We grant plaintiffs petition, and adhere to our original opinion as modified by this opinion. We write only to address (1) plaintiffs contention that we failed to first resolve one of the…