Ark. Code Ann. § 26-35-902 (2026)

Research References

Ark. L. Rev.

Note, Attorneys' Windfalls and Society's Pitfalls: Butt v. Evans Law Firm, P.A., Attorneys' Fees in Class Action Suits Against Government Entities, 57 Ark. L. Rev. 627.

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw, Civil Procedure, 26 U. Ark. Little Rock L. Rev. 819.

Case Notes

Applicability.

This section clearly applies only to suits brought against counties, cities, or towns. Bahil v. Scribner, 265 Ark. 834, 581 S.W.2d 334 (1979).

Section held inapplicable to original decree entered before March 28. 1977. Powell v. Henry, 267 Ark. 484, 592 S.W.2d 107 (1980).

Attorney's fees could not be awarded, in taxpayer's suit seeking an accounting and restitution of expense funds paid to a prosecuting attorney, since this section applies only to suits brought against any county, city, or town. Munson v. Abbott, 269 Ark. 441, 602 S.W.2d 649 (1980).

Where no refund of county or city money to taxpayers was ordered, this section did not apply. City of Hot Springs v. Creviston, 288 Ark. 286, 705 S.W.2d 415 (1986).

Attorney's fees are not to be allowed in an illegal exaction case in which no refund is sought. Hamilton v. Villines, 323 Ark. 492, 915 S.W.2d 271 (1996).

Where attorneys represented taxpayers in a class action lawsuit, the circuit court abused its discretion by applying the percentage of the attorneys' settlement fee against the settlement pool instead of the total amount claimed by the taxpayers. Butt v. Evans Law Firm, P.A., 351 Ark. 566, 98 S.W.3d 1 (2003).

Final Judgment.

Section 16-22-309 specifically requires that judgment for attorney's fees be included in the final judgment entered in the action, but no such requirement appears in this section. Stewart Title Guar. Co. v. Cassill, 41 Ark. App. 22, 847 S.W.2d 465 (1993).

Reconsideration.

Within 90 days after entry of order for attorney's fees made by special judge, regular judge could vacate special judge's order and set matter down for reconsideration. Henry v. Powell, 262 Ark. 763, 561 S.W.2d 296 (1978).

Cited: Vandiver v. Washington County, 274 Ark. 561, 628 S.W.2d 1 (1982); City of Little Rock v. Cash, 277 Ark. 494, 644 S.W.2d 229 (1982); Vachon v. City of Fort Smith, 308 Ark. 636, 826 S.W.2d 277 (1992); Hasha v. City of Fayetteville, 311 Ark. 460, 845 S.W.2d 500 (1993); Stratton v. Priest, 326 Ark. 469, 932 S.W.2d 321 (1996).