Reserve Life Insurance Company v. Ayers

1. The motion to dismiss the writ of error on the ground that there is no final judgment is denied. The judgment of the trial court awarded attorney’s fees in a fixed sum based upon the pleadings and evidence. The provision in the order stating that . . if there is 'successful resistance to future litigation’ the matter should be left open for assessment of reasonable attorney’s fees for such services as may be required to be rendered hereafter” is clearly illegal and will be treated by this court as mere surplusage.

2. The petition seeking attorney’s fees because of alleged bad faith of the…