Reasons for the Dismissal of the Cross-Appeal: A Comparative Study

Abstract

The legislator did not intend the judgments issued by courts of first instance to be final, but rather permitted challenging them through various methods of appeal, including the cross-appeal. This type of appeal, which is in essence an original appeal, is important for the party who lost part of their case or who was unable to appeal within the legally prescribed period and was surprised by the opponent's appeal before the expiry of that period.

           The cross-appeal is a type of original appeal, so the dismissal of this appeal is very similar, in terms of its reasons, to that of the original appeal. Accordingly, violating the procedural form of the cross-appeal leads to the loss of this procedural right, which is intended to remedy the defects and flaws that, from the respondent's point of view, may have affected the judicial ruling. If it is not used correctly and, in the manner, prescribed by law, it will have no productive effect on the final outcome. On the other hand, the respondent's waiver or forfeiture of their right to the cross-appeal results in its dismissal. Likewise, the lapse or expiry of the appeal period results in the dismissal of the cross-appeal. However, this type of appeal is dismissed only for the reasons specified by law.