Henri-Duval Winery, L.L.C. v. Alabama Alcoholic Beverage Control Board et al. (Appeal from Montgomery Circuit Court: CV-01-703). Affirmed. No Opinion.
Annotate this Case
Download PDF
REL:05/01/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2008-2009 ____________________ 1070257 ____________________ Henri-Duval Winery, L.L.C. v. Alabama Alcoholic Beverage Control Board et al. Appeal from Montgomery Circuit Court (CV-01-703) BOLIN, Justice. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P. Stuart, Smith, Parker, and Shaw, JJ., concur. 1070257 Lyons, Woodall, and Murdock, JJ., concur in part and dissent in part. Cobb, C.J., recuses herself. 2 1070257 LYONS, Justice (concurring in part and dissenting in part). I concur in the affirmance of the trial court's judgment in this case in all respects except for the affirmance of the trial court's disallowance of an attorney fee for Henri-Duval Winery, L.L.C. As to this issue, I join Justice Murdock's special writing. 3 1070257 MURDOCK, Justice (concurring in part and dissenting in part). I concur in the affirmance of the trial court's judgment on remand in this case, see Alabama Alcoholic Beverage Control Board v. Henri-Duval Winery, L.L.C., 890 So. 2d 70 (Ala. 2004), except to the extent that the trial court determined that Henri-Duval Winery, L.L.C., has not been a "prevailing party" for purposes of recovering an attorney fee pursuant to 42 U.S.C. ยง 1988. See, e.g., Grier v. Goetz, 421 F. Supp. 2d 1061, 1068-69 (M.D. Tenn. 2006) (discussing relevant United States Supreme Court precedents); James v. Alabama Coal. for Equity, Inc., 713 So. 2d 937, 947 (Ala. 1997) (quoting Texas State Teachers' Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 789 (1989)). Lyons and Woodall, JJ., concur. 4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
