Warren v. Triland Investment Group

This case involves the issue of whether an appellee may seek affirmative relief in the court of appeals by cross-points without perfecting a separate appeal. In Donwerth v. Preston II Chrysler-Dodge, Inc., 775 S.W.2d 634 (Tex.1989), we held that an appellee may do so. We reaffirm that holding today.

Warren executed a contract for sale and exchange of certain land with Vista. Vista agreed that a proposed road expansion, “MacArthur Boulevard,” would ultimately establish the boundary between the remaining Warren tract and the resulting Vista tract. Vista was unable to obtain certain development…