Greenspot Desert Inns, Inc. v. Roy

This is a motion to dismiss this appeal on the ground that defendants have accepted the benefits ©f the judgment and, therefore, cannot prosecute it.

Both parties have filed affidavits, arguments and extensive briefs. In their affidavits and briefs appellants have made frequent reference to the case of Roy v. Greenspot Desert Inns, Inc., - Cal.App.2d - [- P.2d -], pending here on appeal. Respondent argues that no notice can be taken of the record in that case because it is a separate appeal pending in a case separate and distinct from the instant ease. In the record before us we find a…