Brackin v. Brackin

STURGIS, Chief Judge.

Appellee moves to dismiss this appeal on the ground that the appellant, his divorced wife, has voluntarily and knowingly accepted the benefits inuring to her under the terms and provisions of the final decree appealed and is thereby estopped to maintain the same; that the only procedure by which appellant may escape such estoppel and be entitled to receive from appellee separate maintenance, support or alimony pending her appeal is that provided by Florida Appellate Rule 3.8(b), 31 F.S.A. :

“(b) If an appeal is taken from an order or decree awarding separate maintenance,…