Lyons v. Lyons

PEARSON, Judge.

We are presented with appellee’s motion to dismiss this appeal upon the ground that the appellant has accepted the benefits of the decree that she now seeks to overturn. The appellant is the former wife and the appellee is her former husband.

The question raised by appellee’s motion to dismiss is whether an alimony award may be accepted during the pendency of an appeal without prejudice to the appeal. There has been some confusion concerning this problem and most of it stems from interpretations of Rule 3.8, subd. b, F.A.R.,1 31 F.S.A.

The Florida Appellate Rules were amended as…