The Third Appellate District reversed a judgment with directions. The court held that a husband’s unconditional payment to his former wife of a portion of the proceeds from the sale of the family residence was not an accord and satisfaction that extinguished the husband’s obligation to pay the wife one-half of the sale proceeds.
Under a judgment of dissolution, which incorporated a marital settlement agreement between Anne Montgomery and Earl Harwood, Jr., Harwood was awarded the family residence. Harwood was to refinance or assume the mortgage on the home, and Montgomery was permitted to live there until she found another residence. Should Harwood fail within 60 days to make arrangements regarding the home’s financing, the parties agreed that they would sell the home and split the proceeds or loss.
