ATTORNEY FEES ARE NOT "COSTS" OF AN ACTION - EX PARTE HABEB
In Ex parte Habeb, [Ms. 1100679, Mar. 23, 2012] __ So. 3d __(Ala. Civ. App. 2012), the plaintiff, Deborah Habeb, was injured by bed bugs while staying as a guest at a Motel 6 operated by defendant Accord NA, Inc. Defendant made an offer of judgment of $2,500.00, expressing that each party would bear its own costs. Plaintiff accepted this offer. Plaintiff subsequently filed a motion to enforce the settlement agreement, seeking attorney fees as part of the costs of the action. The trial court denied Plaintiff's motions. On appeal, the Court of Civil Appeals affirmed the trial court's ruling, relying on Atkinson v. Long, 559 So. 2d 55 (Ala. Civ. App. 1990), for the principle that under Alabama law, costs do not include attorney fees.