Case Explained: MT. HAWLEY INSURANCE COMPANY v. H&M BUILDERS, LLC PERSONAL REP. GLORIA ESCALANTE

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-11 Docket: 1:22-cv-23091-KMM The eleventh-circuit dismissed the appeal for lack of jurisdiction based on three independent grounds. First, the court found the case moot because the underlying state-court action had been settled and dismissed, eliminating any “actual controversy” required under Article III and the Declaratory Judgment Act (28 U.S.C. § 2201(a)). The court held that a live controversy does not exist when the dispute over a present defense obligation has been resolved, noting that parties cannot stipulate to federal jurisdiction even if they argue potential recovery of costs or fees. Second, the court determined the appeal was improperly brought on an interlocutory basis because the district court’s summary judgment order lacked “injunctive qualities” necessary for review under 28 U.S.C. § 1292(a)(1). The order did not contain mandatory language enforceable by contempt, nor did it involve a request for injunctive relief or a counterclaim seeking such relief. Third, the court noted that the district court had since entered a final judgment after dismissing the remaining duty-to-indemnify claim as moot; consequently, any appeal must be taken from that final judgment rather than an interlocutory order. The practical consequence is that the appeal is terminated, and Mt. Hawley Insurance Company must wait to challenge the summary judgment ruling on the duty to defend by appealing the final judgment entered in the district court. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.