No Attorney Fees When Collecting on Supersedeas Bond – Court Overturns and Qualifies Precedent

Plaintiffs who successfully defended their judgment on appeal could not recover attorney fees incurred during the appeal when collecting against a supersedeas bond. Centering its discussion on appellate Rule 8, the Supreme Court of Alabama overturned and qualified precedent, and seems to have barred the recovery of appellate attorney fees through supersedeas bonds. Jones v. Regions Bank, No. 1060896 (Ala. Jun. 12, 2009).

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Motion for Award of Costs and Fees is Not a Post-Judgment Motion Pursuant to Rule 59

In Ford v. Jefferson County and Jefferson County Juvenile Services, No. 2060169 (Ala. Civ. App. February 2, 2008), the court held that a post-trial request for costs and fees is not a post-judgment motion pursuant to Rule 59.  Therefore, it was not subject to the 30-day time requirement set forth in Rule 59(e).

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