Fort v. Fort

I agree that the first ground of the motion to dismiss is not well taken. In my opinion the other ground is also without merit and I would, therefore, deny the motion.

The holding of the majority turns on the premise that pending this appeal the appellant accepted appellee’s “fender” (I think it was payment) of two monthly installments of alimony in the amount fixed by the postdecretal order appealed, which operated to reduce from $500 to $400 the monthly installments of alimony awarded by and regularly paid pursuant to the final decree of divorce entered twelve years prior to the order…