Claus v. Claus

STURGIS, Chief Judge.

Appellee seeks dismissal of this appeal on the ground that appellant has accepted all benefits of the final decree of divorce entered October 18, 1963, including alimony *27payments over a period of several months following that date and payment of the fee allowed for the services of her attorney.

In Carter v. Carter, Fla.App., 141 So.2d 591, we dismissed the wife’s appeal on the authority of McMullen v. Fort Pierce Financing & Construction Co., 108 Fla. 492, 146 So. 567. Wigginton, J., speaking for the court, pointed out that Rule 3.8(b), Florida Appellate Rules, was amended…