# City of Birmingham v. Horn

> Supreme Court of Alabama · August 17, 2001 · 810 So. 2d 667

URL: https://www.frixlaw.com/law-library/cases/9938214

## Case

- **Full name:** City of Birmingham v. William Fred Horn William Fred Horn v. City of Birmingham
- **Court:** Supreme Court of Alabama
- **Decided:** August 17, 2001
- **Citations:** 810 So. 2d 667; 2001 WL 931171
- **Precedential status:** Published
- **Opinion:** Dissent by Houston
- **Judges:** Brown, Houston, Johnstone, See
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9938214

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938214. Public record. Not legal advice.