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MAIN STREET INDUSTRIES. v. K-MART CORP.

Nos. 97-0522, 97-2578.

710 So.2d 771 (1998)

MAIN STREET INDUSTRIES, INC., a Florida corporation, Appellant, v. K-MART CORPORATION, a Michigan corporation, George Sahagian, an individual, and Burton Moss, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

June 3, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Herman and Stuart S. Mermelstein of Herman Grubman & Moore, Miami, for appellant.

Martin B. Woods of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Fort Lauderdale, for Appellee-K-Mart Corporation.

Robert A. Plafsky of Robert A. Plafsky, P.A., Fort Lauderdale, for Appellee-George Sahagian.

Robert A. Rosenblatt of The Rosenblatt Law Firm, Pinecrest, for Appellee-Burton Moss.

PER CURIAM.

Main Street Industries, Inc. appeals the trial court's order granting K-Mart Corporation's emergency motion to enforce an oral settlement agreement. K-Mart argues that Main Street forfeited its right to appeal by accepting the benefits of the settlement. We agree.

"[W]hen a party recovers a judgment and accepts the benefits thereof, he is, on appeal, estopped to seek a reversal of that judgment." Dance...

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