Third Wing, Inc. v. Columbia Cas. Co., 2011 Ohio 4827

Third Wing, Inc. sued Columbia Casualty for defense costs and attorney fees under a Liquor Liability Policy related to a Dram Shop Act suit against Third Wing and Buffalo Wild Wings, Inc.
Trial court partially granted Third Wing’s summary judgment on reimbursed expenses and settlements; it denied reimbursement for attorney fees paid to BWWI.
Trial court granted Columbia Casualty’s summary judgment on the issue of attorney-fee reimbursement, finding no duty to reimburse those fees.
After the judgment, Third Wing moved for attorney fees and prejudgment interest, and Columbia cross-appealed; both motions remained pending.
Third Wing filed a notice of appeal before the trial court ruled on the post-judgment motions, and the cross-appeal was filed jointly with the appeal.
The court dismissed the appeal and cross-appeal for lack of a final, appealable order because remaining post-judgment motions left issues unresolved.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order on appeal is final and appealable	Third Wing argues the trial court’s pending post-judgment motions render the order final	Columbia contends there is no final order until post-judgment issues are resolved	Dismissed for lack of a final, appealable order

Miller v. First Internatl. Fid. & Trust Bldg., Ltd., 113 Ohio St.3d 474 (2007-Ohio-2457) (journalized verdict not final when prejudgment interest pending)
State v. Threatt, 108 Ohio St.3d 277 (2006-Ohio-905) (final order requires disposition of merits; remaining issues must be ministerial)