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

Van Schaack Holdings V. Fulenwider

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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.


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