In Re Estate of Herbach

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a cross- appeal is not necessary to state an alternative ground for affirmance
• stating that a cross-appeal is necessary to “obtain a decision more favorable than that rendered by the lower tribunal”
• explaining that an appellee is not required to file a cross-appeal to urge an alternative ground for affirmance, even if the alternative ground was considered and rejected by the trial court
• noting that a surviving spouse's \decision to take her elective share of the estate did not operate as a waiver of her right to pursue the larger share potentially available to her as a pretermitted spouse\
• stating that an appellee may argue an alternative ground for affirmance
• an appellee may not seek relief more favorable than the relief obtained below without filing a cross appeal

Source: CourtListener parenthetical corpus (CC0).