Ex Parte Horn

We granted certiorari review in order to determine whether the Court of Civil Appeals erred in affirming the trial court's ruling that the plaintiffs are not due an award of attorney fees under the "common benefit" exception to the "American rule." Although summaries of the factual background and procedural history of this case have been presented in Horn v. City ofBirmingham, 648 So.2d 607 (Ala.Civ.App. 1994) ("Horn I"), Horn v.City of Birmingham, 718 So.2d 691 (Ala.Civ.App. 1997) ("Horn II"), and Battle v. City of Birmingham, 656 So.2d 344 (Ala. 1995), a detailed discussion is necessary…