State ex rel. Montrie Nursing Home, Inc. v. Creasy

Respondents initially raise the question of whether the court of appeals properly used the interest on the amount deposited by respondents to pay attorney’s fees to relators’ attorneys. Respondents argue that any prejudgment interest belongs to the state, while relators maintain that the state admitted liability when it deposited the sum with the court and the interest which subsequently accrues inures to the relators, the prevailing party. We find respondents’ argument well-taken and reverse the decision of the court of appeals to distribute the interest as attorney’s fees.

This court faced…