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Focus (Forum & Focus)

Nov. 12, 2008

Taking the Bad With the Good

The old adage “you can’t have your cake and eat it too” applies not only to everyday life, but is reflected in a time-honored appellate maxim — a party who accepts the benefits of a judgment cannot challenge that judgment on appeal, write Paul D. Fogel and Zareh A. Jaltorossian. - Focus Column

FOCUS COLUMN

By Paul D. Fogel and Zareh A. Jaltorossian

The old adage "you can't have your cake and eat it too" applies not only to everyday life, but is reflected in a time-honored appellate maxim - a party who accepts the benefits of a judgment cannot challenge that judgment on appeal. Reaffirming this principle in Satchmed Plaza Owners v. UWMC Hospital Corp., 2008 DJDAR 16123, the 4th District, Division 3 Court of Appeal proved that har...

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