Terry v. Zions Cooperative Mercantile Institution
In Terry v. Zions Cooperative Mercantile Institution, 605 P.2d 314 (Utah 1979), rev'd on other grounds, 678 P.2d 298 (Utah 1984), the Court noted an exception to the general rule, that "where the party who moves for the reduction, i.e. the defendant, institutes an appeal of the lower court proceedings, the plaintiff should be free to cross-appeal the amount of remittitur, notwithstanding the fact that he has previously accepted the reduced amount." Id. at 326.