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Karagan v. Bryant

Court of Civil Appeals of Alabama
Feb 22, 1989
541 So. 2d 21 (Ala. Civ. App. 1989)

Opinion

Civ. 6711.

February 22, 1989.

Appeal from Circuit Court; Telfair J. Mashburn, Judge.

Phillip P. Karagan, pro se.

No brief for appellee.


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.


Summaries of

Karagan v. Bryant

Court of Civil Appeals of Alabama
Feb 22, 1989
541 So. 2d 21 (Ala. Civ. App. 1989)
Case details for

Karagan v. Bryant

Case Details

Full title:Phillip P. KARAGAN v. Thomas E. BRYANT, Jr., as guardian for Vincent J…

Court:Court of Civil Appeals of Alabama

Date published: Feb 22, 1989

Citations

541 So. 2d 21 (Ala. Civ. App. 1989)

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