One preservation issue that seems to receive less attention than
it should is the potential need for a cross-appeal. An
appellee/respondent who is not entirely successful in the trial
court may challenge an unfavorable portion of a final judgment or
order by filing a cross-appeal. Indeed, the cross-appeal is
typically the sole means that an appellee/respondent has to request
relief from the order or judgment appealed by the appellant. Thus,
it is the method for the partial or nominal winner below to
challenge an unfavorable portion of an otherwise favorable final
judgment or order.
One should also remember that even a favorable judgment may
include adverse interlocutory rulings, such as the erroneous
admission or exclusion of significant evidence. A cross-appeal
accordingly may be necessary to correct the error for purposes of
any new trial in the event that the appellate court reverses a
favorable final judgment.
