Haggard v. Haggard

AKIN, Justice.

Our former opinion is withdrawn, and the following substituted.

Lette Haggard appealed from the division of community property pursuant to a divorce decree. Bobby Haggard moved to dismiss the appeal due to Mrs. Haggard’s acceptance of benefits under the judgment. In a prior opinion we dismissed the appeal on the authority of Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002 (1950), which holds that a party cannot appeal from a judgment where he has voluntarily accepted benefits under it. In her original appeal, no reason was given for accepting benefits under the judgment; however,…