Does partial payment of a judgment waive the right to appeal?

California, United States of America

The following excerpt is from Stone v. Regents of Univ. of Calif., 77 Cal.App.4th 736, 92 Cal.Rptr.2d 94 (Cal. App. 1999):

And the implied waiver claim is no better. Partial payment of a judgment does not waive the right to appeal. "[P]ayment of a judgment must be regarded as compulsory, and therefore as not releasing errors, unless payment be by way of compromise and settlement or under an agreement not to appeal or under circumstances leaving only a moot question for determination. [Citation.]" (Reitano v. Yankwich (1951) 38 Cal.2d 1, 4.) Here there was no compromise or settlement.

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