Farm Bureau County Mutual Insurance Company v. Cristil Rogers

This case presents the familiar issue of whether a trial court’s order, issued without a full trial and containing a Mother Hubbard clause, is final for purposes of appeal. In this declaratory judgment action involving insurance coverage, the court of appeals held that the trial court’s order denying the insurer’s motion for summary judgment is not final because the insured did not file a cross-motion for summary judgment. We agree that the order is not final, but for a different reason: it did not resolve the parties’ competing requests for attorney’s fees. We therefore affirm the court of…