Sedgwick v. Shaw

PIERCE, Judge.

Appellees have filed in this court a motion to dismiss the appeal here upon the ground that appellant has received and accepted monetary benefits awarded to her in the final decree entered by the lower court, from which she is appealing.

A brief review of the background of this case will be helpful. By her amended complaint filed in the Polk County Circuit Court, appellant, as plaintiff therein, sought specific performance against appellees, as defendants therein, requiring said defendants to perform under a previously executed contract whereby defendants had allegedly agreed to…