Hall v. Hall (Majority)Annotate this Case
This case began as a divorce action. The circuit court ordered Husband to pay Wife a judgment, and in compliance with that order, Husband paid Wife approximately forty percent of the total judgment entered against him. Thereafter, Wife filed a notice of appeal to advance an argument that the circuit court erred in refusing to award increased child support and the full measure of her attorneys' fees. Husband filed a cross-appeal. Wife argued that Husband's cross-appeal should be dismissed because Husband voluntarily paid part of the total judgment entered against him, which, she contended, constituted a waiver of the right to appeal the judgment. Husband argued that only a voluntary satisfaction of a judgment in full would equate to a waiver of his right to appeal, not his partial payment. The Supreme Court dismissed Husband's cross-appeal, holding that Husband's payment was a voluntary acquiescence to the judgment against him, and therefore, Husband waived his right to appeal the judgment.