(a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorneys’ fees and costs against any attorney or party, or both, who has brought a civil action, or asserted a claim therein, or interposed a defense, that a court determines to be without substantial justification, either in whole or part;
(b) When a court determines reasonable attorneys’ fees or costs should be assessed it shall assess the payment thereof against the offending attorneys or parties, or both, and in its discretion may allocate among them, as it determines most just, and may assess the full amount or any portion thereof to any offending attorney or party;
(c) The court shall assess attorneys’ fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action or any part thereof, or asserted any claim or defense therein, that is without substantial justification, or that the action or any part thereof, or any claim or defense therein, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including but not limited to abuses of discovery procedures available under the Alabama Rules of Civil Procedure;
(d) No attorneys’ fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within 90 days after filing, or during any reasonable extension granted by the court, for good cause shown, on motion filed prior to the expiration of said 90 day period;
(e) No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorneys’ fees unless the court finds that the party clearly knew or reasonably should have known that his action, claim or defense or any part thereof was without substantial justification.
(Acts 1987, No. 87-186, p. 254, §3.)
Notes of Decisions
Cited in
44
cases (
1 in the last 5 years), 1989–2024 · leading case:
Cauthen v. Yates, 716 So. 2d 1256 (Ala. Civ. App. 1998).
Cauthen v. Yates, 716 So. 2d 1256 (Ala. Civ. App. 1998).
· cites it 5× “Code 1975, § 26-17-17(c), and the Litigation Accountability Act, Ala.Code 1975, § 12-19-272(c). With respect to the Litigation Accountability Act, the circuit court stated: "[T]he Court expressly finds that plaintiff unnecessarily expanded the proceedings by improper conduct.”
Pac. ENT. OIL v. Howell Petroleum, 614 So. 2d 409 (Ala. 1993).
· cites it 2× “Section 12-19-272(a), Ala.Code 1975, requires a trial court to determine that an action, claim or defense is "without substantial justification" before it can assess attorney fees against the party or attorney (or both) asserting the action, claim, or defense.”
Schweiger v. Town of Hurtsboro, 68 So. 3d 181 (Ala. Civ. App. 2011).
· cites it 6× “§ 13-17-102(6), contains wording similar to that contained in our statute: “No party who is appearing without an attorney shall be assessed attorney fees unless the court finds that the party clearly knew or reasonably should have known that his action or defense, or any part…”
Liberty Mut. Ins. Co. v. Greenway Enter., Inc., 23 So. 3d 52 (Ala. Civ. App. 2009).
· cites it 2× “See Ala.Code 1975, § 12-19-272(a). However, Liberty Mutual overlooks that Greenway sought attorney fees on two alternate and independent grounds.”
Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002).
“" *761 Section 12-19-272(a) provides that a trial court shall award an attorney fee against an attorney who has brought a civil action "that a court determines to be without substantial justification, either in whole or part.”
Oliver v. Woodward, 824 So. 2d 693 (Ala. 2001).
“Woodward and the other emergency-room doctor for fictitious defendants without a reasonable factual basis or a substantial justification for the substitution would have subjected Oliver to sanctions under Rule 11, Ala.”
Am. Bankers Ins. Co. of Florida v. Tellis, 192 So. 3d 386 (Ala. 2015).
“See § 12-19-272(c), Ala.Code 1975 ("The court shall assess attorneys' fees and costs against any party or attorney if 'the court, upon the motion of any patty or on its own motion, finds that ah attorney • or party brou'ght an action or any part thereof, or asserted any claim or…”
The Sanderson Grp., Inc. v. Smith, 809 So. 2d 823 (Ala. Civ. App. 2001).
“Section 12-19-272(a), Ala. Code 1975, provides: "Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed,…”
Palisades Collection, LLC v. Delaney, 29 So. 3d 885 (Ala. Civ. App. 2009).
· cites it 2× “*887 Under Ala.Code 1975, § 12-19-272(a), a part of the ALAA, a trial court determining that a claim or a defense in a civil action has been asserted without substantial justification is to assess against the offending party or attorney reasonable attorney fees and costs “as…”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001).
· cites it 2× “Section 12-19-272 provides that a court may assess attorney fees against an attorney or a party that brings an action or claim “without substantial justification.”
Ex Parte Cummings, 776 So. 2d 771 (Ala. 2000).
“See § 12-19-272(c), Ala.Code 1975. HOOPER, C.”
— Ala. Code § 12-19-272(a) — 18 cases
Pac. ENT. OIL v. Howell Petroleum, 614 So. 2d 409 (Ala. 1993).
“Section 12-19-272(a), Ala.Code 1975, requires a trial court to determine that an action, claim or defense is "without substantial justification" before it can assess attorney fees against the party or attorney (or both) asserting the action, claim, or defense.”
Liberty Mut. Ins. Co. v. Greenway Enter., Inc., 23 So. 3d 52 (Ala. Civ. App. 2009).
“See Ala.Code 1975, § 12-19-272(a). However, Liberty Mutual overlooks that Greenway sought attorney fees on two alternate and independent grounds.”
Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002).
“" *761 Section 12-19-272(a) provides that a trial court shall award an attorney fee against an attorney who has brought a civil action "that a court determines to be without substantial justification, either in whole or part.”
The Sanderson Grp., Inc. v. Smith, 809 So. 2d 823 (Ala. Civ. App. 2001).
“Section 12-19-272(a), Ala. Code 1975, provides: "Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed,…”
Palisades Collection, LLC v. Delaney, 29 So. 3d 885 (Ala. Civ. App. 2009).
“*887 Under Ala.Code 1975, § 12-19-272(a), a part of the ALAA, a trial court determining that a claim or a defense in a civil action has been asserted without substantial justification is to assess against the offending party or attorney reasonable attorney fees and costs “as…”
— Ala. Code § 12-19-272(b) — 1 case
— Ala. Code § 12-19-272(c) — 8 cases
Cauthen v. Yates, 716 So. 2d 1256 (Ala. Civ. App. 1998).
“Code 1975, § 26-17-17(c), and the Litigation Accountability Act, Ala.Code 1975, § 12-19-272(c). With respect to the Litigation Accountability Act, the circuit court stated: "[T]he Court expressly finds that plaintiff unnecessarily expanded the proceedings by improper conduct.”
Am. Bankers Ins. Co. of Florida v. Tellis, 192 So. 3d 386 (Ala. 2015).
“See § 12-19-272(c), Ala.Code 1975 ("The court shall assess attorneys' fees and costs against any party or attorney if 'the court, upon the motion of any patty or on its own motion, finds that ah attorney • or party brou'ght an action or any part thereof, or asserted any claim or…”
Ex Parte Cummings, 776 So. 2d 771 (Ala. 2000).
“See § 12-19-272(c), Ala.Code 1975. HOOPER, C.”
— Ala. Code § 12-19-272(d) — 1 case
— Ala. Code § 12-19-272(e) — 3 cases
Schweiger v. Town of Hurtsboro, 68 So. 3d 181 (Ala. Civ. App. 2011).
“§ 13-17-102(6), contains wording similar to that contained in our statute: “No party who is appearing without an attorney shall be assessed attorney fees unless the court finds that the party clearly knew or reasonably should have known that his action or defense, or any part…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.