McDaniel Gift Shop, Inc. v. Balfe

CARROLL, DONALD K., Judge.

The appellant has filed a motion to dismiss the cross-appeal filed by the three individual appellees, the plaintiffs below, and to strike the cross-assignment of error filed by the said appellees in this appeal, on the ground that those appellees are es-topped to urge error in the judgment appealed from herein because they had accepted the benefits of the said judgment.

The rule invoked by the appellant in support of its said motion is the “accept-*589anee of benefits” doctrine, firmly established in Florida, that a party who has accepted the benefits of a judgment or…