
    Thomas V. KEARNS, Jr., as Personal Representative of the Estate of Margaret Jedlicka, Appellant/Cross-Appellee, v. Marie VAHEY, Appellee/Cross-Appellant.
    No. 81-1985.
    District Court of Appeal of Florida, Fourth District.
    Jan. 5, 1983.
    Arthur C. Koski of Koski, Mateer, Gillespie & Allison, P.A., Boca Raton, for appellant/ cross-appellee.
    Fred A. Harrison, Jr., of Fred A. Harrison, Jr., P.A., South Miami, for appel-lee/cross-appellant.
   PER CURIAM.

Having considered this appeal on the merits, it is hereby dismissed by virtue of appellant’s having accepted the benefits of the final judgment. See, McMullen v. Fort Pierce Financing and Construction Company, 146 So. 567 (Fla.1933). The cross-appeal has also been considered and found to be without merit. The judgment is thus affirmed.

AFFIRMED.

BERANEK and WALDEN, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur;  