Waiver of Appeal by Voluntary Execution of Judgment
Synthèse Legislator
Généré par l'IAA party, having waived the right to appeal a lower court decision by accepting the execution of that decision, later sought to appeal the same judgment, prompting the opposing party to move to dismiss the appeal as inadmissible based on the acceptance of the judgment. The court upheld the dismissal, reasoning that the voluntary execution of a judgment by a party constitutes a tacit acceptance of the decision, which waives the right to appeal that decision, as one cannot both benefit from and challenge the same ruling.
Regeste Legislator
Généré par l'IAWaiver of Appeal by Voluntary Execution of Judgment: The court upheld the dismissal, reasoning that the voluntary execution of a judgment by a party constitutes a tacit acceptance of the decision, which waives the right to appeal that decision, as one cannot both benefit from and challenge the same ruling.