(concurring in part; dissenting in part). The majority opinion awards to James H. Weber post-verdict, pre-judgment interest on $57,000 even though Weber never, prior to the filing of his motion for reconsideration (because our original decision mistakenly did not address the merits of his cross-appeal), asked for post-verdict, pre-judgment interest on that amount. Yet, the majority opinion, in footnote 8, chastises Chicago and Northwestern Transportation Company for waiting until its response to Weber's motion for reconsideration to argue that Weber is not entitled to post-verdict, pre-judgment interest on the $57,000. Frankly, I do not understand the distinction that the majority apparently sees between Weber's failure to raise an issue, and Chicago and Northwestern's failure to address an issue not raised.
This case comes to us on an appeal and a cross-appeal from the trial court's judgment, filed March 15, 1993, which awarded to Weber "$322,801.04, together with taxable costs, exclusive of interest on the juries' verdicts to the date of entry of judgment." Weber's cross-appeal noted that it was from that portion of the judgment that denied post-verdict, pre-judgment interest. In its order for judgment, the trial court: granted Weber's motion for judgment on that part of the first verdict awarding him $62,000, and, additionally, granted Weber's motion for judgment on the second verdict for $260,801.04, for a total of $322,801.04. The *644order for judgment further provided that "plaintiff shall not recover interest on the verdicts [i.e., the $62,000 awarded by the first jury, and the $260,801.04 awarded by the second jury] from the respective dates of those verdicts to the date judgment is entered." (Emphasis in original.) We have concluded, correctly in my view, that Weber is entitled to post-verdict, prejudgment interest on the juries' verdicts. Thus, we have reversed the trial court's judgment denying such interest on the $62,000 from the first verdict, and I agree with that. The majority errs, in my view, when it sua sponte directs that post-verdict, pre-judgment interest be awarded on the $57,000 dating back to the first verdict even though Weber did not seek that relief prior to the filing of his motion for reconsideration.
We are an appellate court, and may only review a "final judgment or a final order of a circuit court," § 808.03(1), Stats., except when leave is granted to appeal from interlocutory judgments or orders, § 808.03(2), Stats. An appeal or cross-appeal from a final judgment or order also brings for appellate review "all prior nonfinal judgments, orders and rulings adverse to the appellant [or cross-appellant] and favorable to the respondent [or cross-respondent] made in the action or proceeding not previously appealed and ruled upon." Rule 809.10(4), Stats. The relief that we may order on appeal is limited: "an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from." Section 808.09, STATS.
As noted, Weber never sought post-verdict, prejudgment interest on the $57,000 prior to the filing of his motion for reconsideration, and such interest was, *645accordingly, never denied to Weber by the trial court in any order or judgment, whether interlocutory or final.1 Per force of logic and common sense, the $57,000 awarded by the first jury, and deemed inadequate by Weber, was subsumed in the $260,801.04 awarded by the second jury. Weber should have, therefore, sought post-verdict, pre-judgment interest on the $260,801.04 as follows: post-verdict, pre-judgment interest on $57,000 from the date of the first verdict; post-verdict, pre-judgment interest on $203,801.04 ($260,801.04 minus $57,000) from the date of the second verdict. He did not. There is thus no order or judgment, final or interlocutory, before us on Weber's entitlement vel non to post-verdict, pre-judgment interest on the $57,000 dating back to receipt of the first verdict. I dissent from the majority's determination to plug the procedural hole left by Weber's lawyer; we are judges, not advocates.
Weber sought and was granted a new trial as to the $57,000. We have, correctly in my view, reversed the trial court's interlocutory order granting that relief.