Karagan v. Bryant

Court of Civil Appeals of Alabama

Karagan v. Bryant

541 So. 2d 21, 1989 Ala. Civ. App. LEXIS 50, 1989 WL 14183

CourtCourt of Civil Appeals of Alabama

DecidedFebruary 22, 1989

DocketCiv. 6711

StatusPublished

Cited by2 cases

This text of 541 So. 2d 21 (Karagan v. Bryant) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Karagan v. Bryant, 541 So. 2d 21, 1989 Ala. Civ. App. LEXIS 50, 1989 WL 14183 (Ala. Ct. App. 1989).

Pincite

Opinion

HOLMES, Presiding Judge.

This case concerns the award of attorney fees pursuant to the Alabama Litigation Accountability Act (Act), Ala.Code (1975), §§ 12-19-270 through -276 (1986 Repl. Vol.).

The trial court assessed attorney fees against appellant, Karagan, pursuant to § 12-19-272(e) of the Act. Karagan appeals to this court, contending that the trial court abused its discretion as the award of attorney fees was arbitrary and capricious.

It is not necessary to decide this issue, however, as the case is due to be reversed and remanded.

Section 12-19-273 of the Act requires that, when a court grants an award of attorney fees or costs, the court shall “specifically set forth the reasons for such award.” Here, the trial court simply stated, “I am going to grant your attorney fees of five hundred dollars.” The trial court did not set forth any specific reasons for making such an award. Therefore, the trial court failed to comply with the mandate of § 12-19-273.

This case is due to be reversed and remanded to the trial court for entry of an order or for proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

INGRAM and ROBERTSON, JJ., concur.

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