A party that has prevailed in the trial court must file a cross-appeal if he or she intends to ask the Supreme Court to overturn one of the trial court’s rulings. See Miller at 8 (citing David A. Wollin, Rhode Island Appellate Procedure § 4:5, 4-11 (West 2004)). However, “‘[a] cross appeal is not necessary when the [party that has prevailed in the trial court] simply wants to defend the judgment obtained below, even if it was on grounds different from those on which the judgment was based.’” Id. (quoting Wollin § 4:5, 4-11).
(4) A CROSS-APPEAL IS NECESSARY IF A PARTY SEEKS TO OVERTURN A TRIAL COURT’S RULING.
Posted In: Appeal Process Tagged In: Appeal Process, Appellate Practice, Notice of Appeal, Rhode Island Supreme Court
About The Author
Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
