Read the following excerpt from a US court opinion:
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court reserved jurisdiction to determine at a later date the appropriate amount of attorney fees and costs relating to the bank’s collection efforts, we conclude that the summary judgment was final. See Liberty Mut. Ins. Co. v. Greenway Enters., Inc., 23 So.3d 52, 55 (Ala.Civ.App.2009). In Liberty Mutual, the Court of Civil Appeals stated: "Rule 58(c), Ala. R. Civ. P., states, in pertinent part, that '[tjhe entry of the judgment or order shall not be delayed for the taxing of costs.’ Hence, the failure to tax costs did not affect the finality of the summary judgment. Holman v. Bane, 698 So.2d 117, 119 (Ala. 1997). Pursuant to caselaw, the failure to award attorney fees also does not render the summary judgment nonfinal. See Gonzalez, LLC v. DiVincenti, 844 So.2d 1196, 1201 (Ala.2002) .” 7 .The Dotsons have since filed for personal
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a summary judgment was final and appealable even though a request for attorney fees and expenses pursuant to the alaa remained pending because any award of attorney fees is collateral to the judgment
B. holding that the requirement to serve a motion for attorney fees or costs within thirty days after filing of judgment applies even where the final judgment reserves jurisdiction to award same
C. holding summary judgment order was not a final judgment because it did not dispose of the defendants claim for attorneys fees
D. holding a summary judgment to be final although motion to assess attorney fees remained pending because award of attorney fees is collateral to judgment
E. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case
Reply with [A, B, C, D, E] only.