Gonzalez v. Gonzalez

DICKENSON, Justice.

This is a divorce case in which the wife, Eloise Gonzalez, appeals the trial court’s division of property. The husband, Joe A. Gonzalez, filed a motion to dismiss her appeal because she voluntarily accepted the benefits of the decree of divorce. The motion to dismiss is overruled, and the decree of divorce is affirmed.

On the preliminary question of whether the wife’s appeal is barred by her accept-anee of benefits, the general rule was stated by Chief Justice Hickman in Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002, at 1004 (1950), as follows:

A litigant cannot treat a…