Bund v. Rund

PEARSON, Judge.

The appellee former husband has moved to dismiss this appeal from a judgment of divorce. He asserts that the appellant wife is estopped to appeal because she has accepted the benefits of the judgment. See Carter v. Carter, Fla.App.1962, 141 So.2d 591. The wife urges that the motion is not well founded because of the holding in Brackin v. Brackin, Fla.1966, 182 So.2d 1. (See also Lyons v. Lyons, Fla.App.1967, 200 So.2d 817.)

It is undisputed that the wife has accepted a payment of $5,000 and a payment of $450, which payments the husband had been directed to make by the final…