The Indianapolis Bar Association Appellate Practice Section recently submitted an Amicus Brief on an appellate procedural issue of interest to its members and the Indiana appellate bar. Click here to view the brief.
The Appellate Practice Section is urging the Supreme Court to accept transfer and provide guidance regarding whether an appellee who prevailed in the trial court below and does not seek reversal of the judgment must nevertheless file a cross-appeal under Indiana Appellate Rule 9(D) in order to preserve alternative theories for affirming the trial court’s judgment. The Appellate Practice Section believes that a cross-appeal is unnecessary in such circumstances, but the Court of Appeals took a different view in Drake v. Dickey, 2 N.E.3d 30, 32 n.2 (Ind. Ct. App. 2013), reh’g denied (2014). The Supreme Court has granted the Appellate Practice Section’s Motion to Appear as an Amicus Curiae in this case and accepted the Amicus Brief for filing. The Court of Appeals’ opinion from which the Appellate Practice Section seeks transfer can be found here.