Opinion

Henri-Duval Winery, LLC v. Alabama Alcoholic Beverage Control Board

  • 26 So. 3d 1149
  • 2009 Ala. LEXIS 84
  • 2009 WL 1164969
Court
Supreme Court of Alabama
Filed
May 1, 2009
Status
Published
Author
Murdock
On the bench
Bolin, Stuart, Smith, Parker, Shaw, Lyons, Woodall, Murdock, Cobb
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

MURDOCK, Justice

(concurring in part and dissenting in part).

I concur in the affirmance of the trial court’s judgment on remand in this case, see Alabama Alcoholic Beverage Control Board v. Henri-Duval Winery, L.L.C., 890 So.2d 70 (Ala.2004), except to the extent that the trial court determined that Henri-Duval Winery, L.L.C., has not been a “prevailing party” for purposes of recovering *1150 an attorney fee pursuant to 42 U.S.C. § 1988 . See, e.g., Grier v. Goetz, 421 F.Supp.2d 1061, 1068-69 (M.D.Tenn.2006) (discussing relevant United States Supreme Court precedents); James v. Alabama Coal, for Equity, Inc., 713 So.2d 937, 947 (Ala.1997) (quoting Texas State Teachers’ Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 789 , 109 S.Ct. 1486 , 103 L.Ed.2d 866 (1989)).

LYONS and WOODALL, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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