Cross-appeal

"Under Iowa R.App. 5(a), a “cross-appeal may be taken within the thirty days for taking an appeal or in any event within five days after the appeal is taken.” Defendants did not take their cross-appeal within the thirty days for taking an appeal. Nor did they take their cross-appeal within five days after plaintiff filed her notice of appeal with the clerk of the district court. They argue, however, that the rule should be interpreted to allow a cross-appeal within five days after receipt of a copy of the notice of appeal. They provided an affidavit to show their cross-appeal was taken within five days after their attorney received a copy of the notice of appeal in the mail. The rule is not susceptible to the interpretation urged by defendants. The five-day period commences when an appeal is “taken.” Under rule 6(a), the appeal is “taken and perfected by filing a notice with the clerk of court where the order, judgment or decree was entered, signed by appellant or his attorney.” Therefore the five-day period began on the date the notice of appeal was filed with the clerk, and the cross-appeal was taken too late. Compliance with the time limitations for taking a cross-appeal is mandatory and jurisdictional. See Hogan v. Chesterman, 279 N.W.2d 12 (Iowa 1979). Because the cross-appeal was untimely, we did not acquire jurisdiction of it, and it must be dismissed. AFFIRMED ON THE APPEAL; DISMISSED ON THE CROSS-APPEAL."