Levine v. Empire Savings and Loan Association

Levine for himself and others of a class instituted suit challenging the assumption penalties on certain deeds of trust.

The trial court struck the class action allegations of petitioners’ complaint. After their motion for rehearing was denied, petitioners filed a notice of appeal on the judgment dismissing the class action. Three months later, the trial court entered a C.R.C.P. 54(b) order nunc pro tunc as of the date petitioners’ motion for rehearing was denied.

The Court of Appeals dismissed petitioners’ appeal on two grounds: (1) that the trial court had no jurisdiction to enter the 54(b)…