Goree v. Shirley

I concur in Judge Yates's opinion, but write to emphasize that our opinion in Ennis v. Kittle, [Ms. 2980309, June 25, 1999] ___ So.2d ___ (Ala.Civ.App. 1999), does not grantcarte blanche authority to defendants to shift every expense incurred after an offer of judgment. In Ennis, we held that the trial court was required, under Rule 68, Ala.R.Civ.P., to tax "allcosts" to the plaintiff that the defendants incurred after the date of their offer of judgment; however, in doing so, we also set forth a number of recoverable items that are, under Alabama statutes and caselaw, properly termed "costs"…