Donwerth v. Preston II Chrysler-Dodge, Inc.

The concurring opinion.of July 5,1989, is withdrawn and the following is substituted.

The court has correctly held that an ap-pellee may complain by cross-point of any error by the trial court without perfecting an independent appeal, unless the appellant limits his appeal pursuant to rule 40(a)(4) of the Texas Rules of Appellate Procedure. I fully agree with the majority opinion and concur only to further explain this very confusing and difficult area of appellate practice.

Cross-Points in the Courts of Appeals

This court has consistently held that an appellee can seek affirmative relief by…