Opinion

City of Birmingham v. Horn

  • 810 So. 2d 667
  • 2001 WL 931171
Court
Supreme Court of Alabama
Filed
Aug 17, 2001
Status
Published
Author
Houston
On the bench
Brown, Houston, Johnstone, See
Cited by
36 cases
Authority
More cited than 15.2%

determining that petitioner's attorneys had little experience in the relevant area of law and therefore should have a lower hourly billing rate

How later courts described this case

  • determining that petitioner's attorneys had little experience in the relevant area of law and therefore should have a lower hourly billing rate
  • applicants for an attorney fee bear the burden of proving their entitlement to an award and documenting their appropriately expended hours
  • using the phrase “special equity”
  • appeal from an attorney-fee award against the City of Birmingham containing no discussion of state immunity

Written by the judges who cited it.

The opinion

I concur to reverse and render a judgment in case number 1991455; however, I dissent as to the amount of the attorney fees awarded.

I concur to affirm in case number 1991558.

Reviewing the briefs and the record, and purposefully not being specific, I am convinced that a lack of billing judgment permeates the attorneys' fee petition. I cannot sanction an award of $150 per hour for most of the hours billed, and I cannot sanction applying a multiplier of 1.5 to an already excessive lodestar award. I am the only Justice remaining on the Court who voted with the majority in Ex parte Horn , 718 So.2d 694 (Ala. 1998), to require the City to pay a legal fee to Horn's attorneys. In my opinion, it is an abuse of discretion to award a fee in excess of $581,695 (which includes the $250,000 previously paid) to Horn's attorneys.

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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