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Warren v. Baptist Med. Center-Montclair

Court of Civil Appeals of Alabama
May 20, 1994
642 So. 2d 476 (Ala. Civ. App. 1994)

Opinion

AV92000558.

December 3, 1993.

Rehearing Denied February 25, 1994. Certiorari Denied May 20, 1994 Alabama Supreme Court 1930798.

Appeal from Jefferson Circuit Court; Josh Mullins, Judge.

Robert W. Lee, Jr. of Lee, Sullivan Mathis and Carl West, Birmingham, for appellant.

W. Hill Sewell, David W. Proctor and E. Ansel Strickland of Johnston, Barton, Proctor, Swedlaw Naff, Birmingham, for appellee.


This is an appeal from the denial of an attorney fee request to be paid from a fund created for the payment of certain medical expenses associated with a workmen's compensation injury.

The judgement of the trial court is affirmed on authority of Reynolds v. First Alabama Bank of Montgomery, N.A., 471 So.2d 1238 (Ala. 1985). It is well settled law in Alabama that attorney's fees are recoverable only where authorized by statute; when provided for in a contract; or by special equity. Id. We find none of the above applicable in this case.

AFFIRMED.

THIGPEN and YATES, JJ., concur.


Summaries of

Warren v. Baptist Med. Center-Montclair

Court of Civil Appeals of Alabama
May 20, 1994
642 So. 2d 476 (Ala. Civ. App. 1994)
Case details for

Warren v. Baptist Med. Center-Montclair

Case Details

Full title:James WARREN v. BAPTIST MEDICAL CENTER-MONTCLAIR

Court:Court of Civil Appeals of Alabama

Date published: May 20, 1994

Citations

642 So. 2d 476 (Ala. Civ. App. 1994)

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