Alabama Department of Labor v. Dental Referral Service, LLC

The Court today quashes the writ previously issued in this case, but notes that, in doing so, it “does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals’ opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).” 181 So.3d at 1066. I write separately to explain why I do not wish to be understood as agreeing with the rationale of the Court of Civil Appeals.

I do not agree that Dental Referral'Service, LLC, waived its claim to attorney fees in this particular case by relying only on the language of the statute that…