VALLONE v. VALLONE

No. 17787.

618 S.W.2d 820 (1981)

Leslie Ann Dours VALLONE, Appellant, v. Tony VALLONE, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 11, 1981.


Attorney(s) appearing for the Case

Boswell, O'Toole, Davis & Pickering, John Payne, Houston, for appellant.

Baker & Botts, Robert J. Piro, Houston, for appellee.

Before WARREN, DOYLE and EVANS, JJ.


WARREN, Justice.

This is an appeal from that part of a divorce judgment which divided the marital estate.

Appellee has filed a motion to dismiss the appeal claiming that appellant has voluntarily accepted benefits under the judgment and therefore may not attack it. A review of the record shows that the acceptance of at least some of the benefits were out of practical necessity rather than a voluntary acceptance. Also it appears that there would be little problem...

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