Whether the appellate court should take note of the parties' settlement as a judgment and strike the case from the roll.
Yes. Because the case was governed by the former Vaud procedural code, the settlement was taken on record to have the force of a judgment and the appeal became moot.
The challenged judgment had been communicated before 1 January 2011, so the former CPC-VD applied under Art. 405 CPC. Under Art. 158 CPC-VD, a settlement terminating the dispute must be submitted to the judge to be annexed to the record and to have the value of a judgment, after which the case is removed from the docket.