BROWN v. EPSTEIN

No. 1947.

208 So.2d 836 (1968)

Samuel T. BROWN, Bess Brown and Harlin Development Co., Appellants, v. Morris EPSTEIN et al., Appellees.

District Court of Appeal of Florida. Fourth District.

March 27, 1968.


Attorney(s) appearing for the Case

Melvin I. Muroff, Miami, for appellants.

Elliott B. Barnett, of Ruden, Barnett & McClosky, Fort Lauderdale, for appellees.


ON MOTION TO DISMISS

OWEN, Judge.

Appellants have filed a motion to dismiss the cross appeal filed by the appellees, the plaintiffs below, on the ground that such appellees are estopped to urge error in the judgment appealed from herein because they have accepted the benefits of the said judgment.

In support of their motion appellants invoke the "acceptance of benefits" doctrine to the effect that, where a party recovering a judgment or decree accepts...

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