Appellate Law

Appellee May Not Cross-Appeal Summary Judgment in its Favor

In American General Life Ins. Co. v. Schoenthal Family, LLC, No. 08-10749 (11^th Cir. Jan. 30, 2009), American General cross-appealed from a summary judgment in its favor on its claim for rescission of an insurance policy.  AG argued that the district court should have entered judgment in its favor on other grounds that AG raised in its summary judgment motion.  The Eleventh Circuit dismissed American General’s cross-appeal for lack of jurisdiction.  “’[O]nly a party aggrieved by a judgment or order of a district court may exercise the statutory right to appeal . . .A party who receives all that he has sought generally is not aggrieved by the judgment affording the relief and cannot appeal from it.’  In its defense of a summary judgment, an appellee is entitled to raise alternative arguments that were rejected by the district court, because we may affirm on any ground supported by the record, but an appellee is not entitled to cross-appeal a judgment in his favor.”

Full post as published by Alabama Appellate Watch on February 09, 2009 (boomark / email).