I am working on an appeal of Final Judgment entered in my divorce
case. (Judge entered a marital settlement "agreement" as Judgment
under Section 664.6, although said "agreement" was undated, unsigned,
and also never entered orally into the record.) Despite said
objections, the Judge entered the agreement (that I never, ever agreed
to), anyway.
Here is my quandary. While I am preparing an appeal, ex has submitted
the Final Judgment to financial institutions and they have been
releasing checks to both of us. I have not cashed any checks yet,
because I do not want to hurt my right to appeal. I have still not
received a clear answer from appellate attorneys as to whether it is
safe for me to cash any checks resulting from the very Final Judgment
that I am appealing.
Does anyway know of case law regarding possible consequences of one
accepting funds released via a Final Judgment that one is appealing?
Thank you in advance for your help! |
