Brownstone Homes Condominium Ass'n v. Brownstone Forest Heights, LLC

Defendant Capitol Specialty Insurance Co. has moved to dismiss this appeal on the ground that it has become moot. According to Capitol, the issues to be decided in the appeal pertain to the terms of an agreement settling an underlying construction defect case, but those very terms have been superseded by amendments to the agreement adopted during the pendency of the appeal. We conclude that, because the amendments to the settlement agreement do not have the effect of superseding the terms of the original agreement, a judicial decision about that original agreement will have a practical effect…