COSTS - AUTREY V. MEMORY

Autrey v. Memory, [Ms. 2140166, Jan. 23, 2015] __ So. 3d __ (Ala. Civ. App. 2015). The Court of Civil Appeals holds, as a matter of first impression, that a prevailing party is entitled to an award of costs under Rule 54(d), Ala. R. Civ. P., even if that party's costs have been paid by an insurer. Here, Von Memory successfully defended a legal malpractice action and thereafter sought an award of costs. The plaintiff argued that the costs had been paid by Memory's insurer, but the circuit court awarded costs and the Court of Civil Appeals affirms, discussing cases from the Eleventh Circuit and Florida.