(DOWNLOAD) "Van Schaack Holdings V. Fulenwider" by Colorado Supreme Court * eBook PDF Kindle ePub Free

by Leo Anthony January 05, 2021 Post a Comment

eBook details

Title: Van Schaack Holdings V. Fulenwider
Author : Colorado Supreme Court
Release Date : January 10, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

We granted certiorari in this case to determine the proper disposition of a pending C.R.C.P. 54(b)*fn1 appeal when the appellants voluntarily comply with the trial court's order. In Van Schaack Holdings, Ltd. v. Fulenwider, 768 P.2d 740 (Colo. App. 1988), the court of appeals held that the parties, in effect, had settled the case in accord with the district court's order. Relying on the line of cases beginning with United States v. Munsingwear, Inc., 340 U.S. 36, 71 S. Ct. 104, 95 L. Ed. 36 (1950), the court of appeals dismissed the appeal as moot and vacated the lower court's judgment. We hold that there was no settlement, but under the circumstances of this particular case, the lower court's judgment was properly vacated when the appeal became moot. Accordingly, we affirm.