Eliason v. Watts , 1980 Utah LEXIS 985 ( 1980 )

MAUGHAN, Justice

(concurring and dissenting):

With one exception, I concur with the judgment of the Court. That exception is with the dismissal of the Cross-Appeal for failure to comply with Rules 74(b) and 75(d), U.R.C.P.

Where, as here, the appellant brings up the whole record, and specifically makes the issue of damages one of his points on appeal, I see no reason why the respondent should not be free to cross-appeal on the issue of damages. The issue of damages comes as no surprise to the appellant.

Rules 74(b) and 75(d) are designed to prevent surprise when the record is selectively brought to the Court, and where the Cross-Appellant may wish to select other parts of the record, not already argued.