Ex Parte Horn v. City of Birmingham

On January 30, 1998, this Court released an opinion in Exparte Horn, 718 So.2d 694 (Ala. 1998), wherein we held that the residents/plaintiffs involved in this litigation are entitled to recover attorney fees from the City of Birmingham (the City) under the "common-fund" or "common-benefit" theory.1 Following remand to the trial court, both parties filed discovery requests addressing the question of a proper amount of attorney fees. During the pendency of discovery, the residents filed a motion seeking an interim attorney fee in the amount of $300,000 and to compel discovery of certain items.…