E. Wayne Russell, Jr. v. State of Alabama and City of Auburn.

Summary

The Alabama Supreme Court reversed the Lee Circuit Court’s denial of litigation‑expenses fees and remanded for further proceedings. It held that the circuit court retained jurisdiction to award fees under § 18‑1A‑232 even though it lacked subject‑matter jurisdiction over the underlying eminent‑domain action. The Court also clarified that a motion for fees is not a Rule 59(e) post‑judgment motion and therefore is not subject to the 30‑day filing limitation.