Appellate Law

Party Generally Cannot Cross-Appeal Favorable Ruling

In Picard v. Credit Solutions, Inc., No. 08-11104 (April 6, 2009), the Eleventh Circuit held that it lacked jurisdiction over the plaintiff's cross-appeal of an issue in an order in her favor.  Noting that the language that the plaintiff challenged was dicta, the Court explained that, "'[o]rdinarily, the prevailing party does not have standing to appeal because it is assumed that the judgment caused that party no injury.'  An exception to the rule exists where the prevailing party is prejudiced by the collateral effect of the district court's decision.  . . . 'A party may not appeal from the judgment or decree in his favor, for the purpose of obtaining review of findings he deems erroneous which are not necessary to support the decree.'"  The Picard decision addresses a question of first impression in the Eleventh Circuit regarding whether the Credit Repair Organizations Act prohibits arbitration. 

Full post as published by Alabama Appellate Watch on April 08, 2009 (boomark / email).