appellee may cross-assign error (North Carolina) · Go Syfert
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appellee may cross-assign error in North Carolina

8 North Carolina opinions name it 2 courts 2002–2010 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Harllee v. Harlleegreen
ncctapp · 2002 · cited in 6 North Carolina opinions naming this issue, 2007–2008
2 sentences

2008P. 10(d) ("Without taking an appeal an appellee may cross-assign as error any action or omission of the trial court which was properly preserved for appellate review and which deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken."); Harllee v. Harllee, 151 N.C.App. 40, 51 , 565 S.E.2d 678, 685 (2002) (holding that alternative basis for upholding decision below is not properly preserved for appellate review in absence of cross-assignment of error).

2008P. 10(d) ("Without taking an appeal an appellee may cross-assign as error any action or omission of the trial court which was properly preserved for appellate review and which deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken."); Harllee v. Harllee, 151 N.C.App. 40, 51 , 565 S.E.2d 678, 685 (2002) (holding that alternative basis for upholding decision below is not properly preserved for appellate review in absence of cross-assignment of error).

36
State v. Fullergreen
ncctapp · 2009 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010P. 10(d) (2009) ("Without taking an appeal an appellee may cross-assign as error any action or omission of the trial court which was properly preserved for appellate review and which deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken."); State v. Fuller, 196 N.C.App. 412, 418 , 674 S.E.2d 824, 829 (2009) (concluding that because the trial court had not denied the defendant's motion to suppress based on lack of standing and the State had not cross-assigned standing as an "alternative basis for upholdin

2010App. P. 10(d) (2009) (“Without taking an appeal an appellee may cross-assign as error any action or omission of the trial court which was properly preserved for appellate review and which deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken.”); State v. Fuller, 196 N.C.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Carawan v. Tate green
nc · 1982
2 sentences

2002In Carawan v. Tate, 304 N.C. 696 , 286 S.E.2d 99 (1982), the Supreme Court explained the purpose of Rule 10(d) as follows: Rule 10(d) provides protection for appellees who have been deprived in the trial court of an alternative basis in law on which their favorable judgment could be supported, and who face the possibility that on appeal prejudicial error will be found in the ground on which their judgment was actually based.

2002In Carawan v. Tate, 304 N.C. 696 , 286 S.E.2d 99 (1982), the Supreme Court explained the purpose of Rule 10(d) as follows: Rule 10(d) provides protection for appellees who have been deprived in the trial court of an alternative basis in law on which their favorable judgment could be supported, and who face the possibility that on appeal prejudicial error will be found in the ground on which their judgment was actually based.

12002–2002

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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