When must the party that won in the trial court file a cross-appeal to ensure that issues decided adversely to that party will be subject to review on appeal? The traditional answer to that question is that if the party that prevailed in the trial court seeks to enlarge its rights in the trial court’s judgment, then the prevailing party must file a cross-appeal in order to do so.
Let’s start with a relatively straightforward application of the cross-appeal rule. Assume that the plaintiff sued the defendant for breach of contract and obtained a judgment awarding damages. Assume further, however, that the plaintiff asked the trial court to award prejudgment interest, but the trial court refused to do so. Under these facts, if the defendant appeals from the judgment finding the defendant liable for breach of contract and awarding damages to the plaintiff, the plaintiff must file a cross-appeal in order to be able to achieve appellate reversal of the trial court’s denial of prejudgment interest.
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