Cross appeal - sustany/dvg GitHub Wiki

A cross-appeal is a request filed by an�appellee�requesting that a higher court review a decision made by a lower court. The difference between an�appeal�and a cross-appeal is essentially arbitrary and dependent only on who filed the request for a higher court's review first. The first party to file is called the�petitioner�or�appellant, and its request for review is an appeal. If an opposing party (called the�respondent�or�appellee) also wishes to request review of a lower court's decision, that request is called a cross-appeal.

It may be helpful to think of these terms' equivalents in civil trials. In a civil trial action, the�plaintiff�files a claim against the�defendant. If the defendant has claims against the plaintiff, it may file a�counterclaim. Again, the terminology is arbitrary and dependent only on which party filed its complaint or request first.

Note that no cross-appeal exists when an appellee simply wishes to have a lower court's decision upheld by a higher court, just as no counterclaim exists where a trial defendant simply wishes to deny the plaintiff's claims without making any of its own. A cross-appeal occurs�only�if the appellee requests that the higher court review some aspect of the lower court's decision, and not to simply uphold the lower court's decision.

See e.g.;�Ulin v. Gallery 528 Fed.Appx. 748 (2013).