Page "Appellate procedure in the United States" Paragraph 8

The appellant in the new case can be either the plaintiff ( or claimant ), defendant, third-party intervenor, or respondent ( appellee ) from the lower case, depending on who was the losing party.

The winning party from the lower court, however, is now the respondent.

In unusual cases the appellant can be the victor in the court below, but still appeal.

One example of this ( from the Queen's Bench in England ) is Doyle v Olby ( Ironmongers ) Ltd 2 QB 158, the claimant appealed ( successfully ) on the basis that, although he won in the court below, the lower court had applied the wrong measure of damages and he had not been fully recompensated.