Altapointe Health Systems, Inc. v. Mobile County Probate Court

(concurring in part and dissenting in part as to the rationale and concurring in the result).

The probate judge in this case entered an order denying the petition for expert-*1008witness fees filed by AltaPointe Health Systems, Inc. (“AHS”), under § 22-52-14, Ala.Code 1975, based on his findings that the fees were “improper” and not “allowable” under the statute. Specifically, the probate court determined that “AHS is not actually incurring the fees for which it is seeking payment,” because “AHS is not employing outside experts and thus is not incurring any expert fees or expenses.” The probate…