Reed v. Reed

FRED J. HYDER, Superior Court Judge.

This is an appeal from a judgment granting to appellee an absolute divorce and, among other things, dividing the parties’ community property.

Shortly after judgment and prior to appeal, the appellant married one Doris Grimm. Appellee has moved to dismiss this appeal, urging that a party, by accepting a benefit under a judgment, in this case remarrying, precluded himself from subsequently appealing therefrom. This is the general rule, Gudelj v. Gudelj, 41 Cal.2d 202, 259 P.2d 656, 2 Am.Jur., Appeal and Error, Section 214, p. 975. However, it has been also…