See also Pa.R.A.P. 2113, 2136, and 2185 regarding briefs in cross-appeals and Pa.R.A.P. 2322 regarding oral argument in multiple appeals.
An appellee should not be required to file a cross-appeal because the court below ruled against it on an issue, as long as the judgment granted appellee the relief it sought. See Lebanon Valley Farmers Bank v. Commonwealth, 83 A.3d 107, 112 (Pa. 2013); Basile v. H & R Block, Inc., 973 A.2d 417, 421 (Pa. 2009). For discussion of cross-petitions for allowance of appeal, see Pa.R.A.P. 1113, cmt.
In deciding whether to cross-appeal, parties may also consider that appellate courts have discretion, but are not required, to affirm for any reason appearing in the record. See Commonwealth v. Fant, 146 A.3d 1254, 1265 n.13 (Pa. 2016); Pa. Dept. of Banking v. NCAS of Del., LLC, 948 A.2d 752, 762 (Pa. 2008); Am. Future Sys., Inc. v. Better Bus. Bureau of E. Pa., 923 A.2d 389, 401 (Pa. 2007).
Historical Commentary
The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:
Explanatory Comment—2002
Introduction: The Appellate Rules contemplate three ‘‘multiple appeal’’ situations in which more than one party may wish to challenge individually an order of a court. These are: cross appeals; cross petitions for review; and cross petitions for allowance of appeal. The proposed amendments are intended to simplify and clarify the terminology and procedures in such cases. The 2002 amendments do not create a right to file new briefs or affect the right to file briefs heretofore permitted by the Appellate Rules.
Rule 511 (Cross Appeals). The 2002 amendment clarifies the intent of the former rule that the filing of an appeal extends the time within which any party may cross appeal as set forth in Rules 903(b), 1113(b) and 1512(a)(2) and that a discontinuance of an appeal by a party will not affect the right of any other party to file a timely cross appeal under Rules 903(b), 1113(b) or 1512(a)(2) or to otherwise pursue an appeal or cross appeal already filed at the time of the discontinuance. The discontinuance of the appeal at any time before or after a cross appeal is filed will not affect the right of any party to file or discontinue a cross appeal. The 2002 amendment supersedes In Re: Petition of the Board of School Directors of the Hampton Township School, 688 A.2d 279 (Pa. Cmwlth. 1997) to the extent that decision requires that a party be adverse to the initial appellant in order to file a cross appeal.
The Note to Rule 511 is also amended to advise that an appellee should not be required to file a cross appeal because the court below ruled against it on an issue, as long as the judgment granted appellee the relief it sought.
Rule 903 (Time For Appeal). The 2002 amendment to the Note to Rule 903 includes a suggestion, for the aid of the appellate court filing office, that a party identify a cross appeal in its notice of appeal. This will assure that the appeals are linked for processing purposes. The proposed amendment to the note also cross references Rule 511 (Cross Appeals), Rule 2136 (briefs in cases of cross appeals) and Rule 2322 (Cross and Separate Appeals). This is for the convenience of counsel and the parties to alert them to the unique aspects of cross appeal or petition practice. See also conforming amendments to the Notes to Rules 1113 and 1512.
The Explanatory Comment—1979, which is simply historical reference, is deleted as unnecessary.
Rule 1113 (Time For Petitioning For Allowance Of Appeal). See explanatory comment to Rule 903 (Time for Appeal).
Rule 1512 (Time For Petitioning For Review). See explanatory comment to Rule 903 (Time for Appeal).
Rule 2113 (Reply Brief). The 2002 amendment deletes subdivision (c), an obsolete cross reference to a reply brief in cross appeals. The briefs permitted and proper sequence in cases involving cross appeals are explained in the Note to Rule 2136.
Rule 2136 (Briefs In Cases Involving Cross Appeals). In a single party appeal or petition situation, there are three briefs: appellant’s principal brief on the merits, appellee’s principal brief on the merits and appellant’s reply brief. In a cross appeal or petition situation, there are four briefs, because the designated appellant’s second brief must serve two purposes, that is, it is the appellant’s reply brief (a brief limited in scope by Rule 2113) and, simultaneously, the appellant’s principal brief on the merits of the cross appeal or petition. The appellee may then file a ‘‘reply’’ brief on the merits of the cross appeal, that is, a reply brief in the appeal filed by the appellee. This procedure is explained in the proposed amendment to the Note as follows:
When there are cross appeals, there may be up to four briefs: (1) the deemed or designated appellant’s principal brief on the merits of the appeal; (2) the deemed or designated appellee’s brief responding to appellant’s arguments and presenting the merits of the cross appeal; (3) the appellant’s second brief replying in support of the appeal and responding to the merits of the cross appeal; and (4) appellee’s reply brief in the cross appeal.
Rule 2185 (Time For Serving And Filing Briefs). The existing rule is unclear as to the due date for the filing of the designated appellant’s second brief (Brief No. 3 as described above). The 2002 amendment provides that brief is due thirty days after the deemed appellee’s brief (Brief No. 2) as described above.
