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541 So. 2d 21

Karagan v. Bryant

Court of Civil Appeals of Alabama

Decided February 22, 1989

Court of Civil Appeals of Alabama · decided 1989-02-22

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-22

How this case has been cited

Cited by 4 later decisions — most recently April 2005

4 state decisions

20198919902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HOLMES, Presiding Judge.

¶1This 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.).

¶2The 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.

¶3It is not necessary to decide this issue, however, as the case is due to be reversed and remanded.

¶4Section 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.

¶5This 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.

¶6REVERSED AND REMANDED.

INGRAM and ROBERTSON, JJ., concur.
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