In City of Mesquite v. Rawlins, 399 S.W.2d 162 (Tex.Civ.App.--Tyler 1966, writ ref. n.r.e.), the City accepted payment of the amount of taxes awarded to it by judgment, then sought on appeal to reverse that same judgment and obtain a new trial to seek a greater award of taxes against Rawlins.
The City of Mesquite did not seek a rendition of judgment as appellant does in the matter now before us. The City of Mesquite obtained judgment for the amount awarded by the jury.
The court of appeals noted in Rawlins that if it sustained the City's request for a new trial, the City might not receive as great an amount on retrial as it was awarded under the judgment from which it was appealing. Rawlins, 399 S.W.2d at 166.
Accordingly, the City's appeal was dismissed under the acceptance of benefits doctrine.