Fort James Operating Co. v. Irby

I dissent as to that portion of the main opinion declining to address the attorney-fee issue at this juncture. I would at this juncture instruct the trial court on remand to recalculate attorney fees based on the benefits to be awarded after the appropriate setoffs are applied. See Bruno's, Inc. v.Killingsworth, 879 So.2d 561, 565 (Ala.Civ.App. 2002) (Murdock, J., concurring in part and dissenting in part), writ quashed,879 So.2d 568 (Ala. 2003); Fort James Operating Co. v. Thompson,871 So.2d 44, 49 (Ala.Civ.App. 2002) (Murdock, J., concurring in part, concurring in the result in part, and…