Van Schaack Holdings, Ltd. v. Fulenwider

We granted certiorari in this case to determine the proper disposition of a pending C.R.C.P. 54(b)1 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…