Godwin v. Dorgan

Summary

The Supreme Court of Alabama affirmed the denial of the Godwin claimants’ request to have their attorneys’ fees paid from a common fund created by the sale of disputed real property. The court held that fees authorized under Alabama Code § 34-3-60 must be for the common benefit of all tenants in common, and the attorneys’ services benefited one claimant group while adversely affecting another. The court therefore concluded that the fees could be assessed only against the appropriate claimants’ shares.

Holdings

1. The trial court did not err in denying the Godwin claimants' request that their attorneys' fees be paid from the common fund.
2. The court did not need to decide whether the appeal was invalid because the Godwin claimants failed to appeal the earlier April 22, 1999, order allocating expenses.

Questions Presented

1. Whether the Godwin claimants' attorneys were entitled to have their fees paid from the common fund created by the sale of the disputed property.
2. Whether attorney fees under Ala. Code 1975, § 34-3-60, may be awarded from a common fund when the services benefited only a particular group of tenants in common and did not provide a common benefit to all claimants.

Disposition

affirmed