What is a “cross point”?

In Texas, a “cross point” is an issue required to be raised by the appellee in his/her appellee’s brief. When the trial court has rendered a judgment notwithstanding the verdict (i.e., JNOV) in favor of the appellee, the appellee’s brief must raise a cross-point as to any issue that would have “vitiated” (i.e., destroyed) the verdict or that would have prevented an affirmance of the judgment if the trial court had rendered judgment on the verdict (i.e., a judgment in favor of the appellant). See Texas Rule of Appellate Procedure 38.2(b).

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