APPEAL -- ALABAMA LITIGATION ACCOUNTABILITY ACT - MAHONEY V. LOMA ALTA PROPERTY OWNERS ASSOCIATION, INC.
In Mahoney v. Loma Alta Property Owners Association, Inc., [Ms. 2100104, May 6, 2011] __ So. 3d __(Ala. Civ. App. 2011), the court held that a trial court erred by awarding attorney fees and costs under the Alabama Litigation Accountability Act, "ALAA," when it failed to expressly state its reasons for the awards. The court held that ALAA requires a trial court to expressly set forth the reasons for its award and to consider the non-exclusive factors set forth in the statute. Because the trial court failed to set forth any reasons for its award, the court reversed and remanded the case for further proceedings.