L. Lin Wood, Jr., Jewell's attorney, in a responsive pleading filed prior to Tuesday's decision, essentially told the judge that a ruling against his client would clear the way for appeal. Mather acquiesced and Wood lost the case, but got his wish.

Asked in an interview if congratulations were in order, Wood hesitated for a moment, then said, "Because the judge took my suggestion? In a way, yes."

The move postponed, possibly forever, a trial that had been scheduled to begin next month that Wood, Jewell's attorney throughout the case, acknowledged could have resulted in a verdict "in the millions of dollars."

But Wood said Thursday that having Mather dismiss the final claim allows the Jewell estate to appeal a host of issues to higher courts that, in the end, could offer the maximum chance of success.