Nielson v. Patterson

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 We granted review to determine whether an appellee, in an appeal from an order granting the appellee a new trial, must file a protective cross-appeal if it wishes to preserve its ability to challenge the underlying judgment, in the event the appellate court overturns the order granting a new trial. We hold that an order granting a new trial vacates the original entry of judgment and that an appellee need not challenge the underlying judgment through a mandatory protective cross-appeal.

I

¶ 2 The Nielsons obtained a $2 million jury verdict against the…