Second Injury Trust Fund v. Stanton

INGRAM, Judge.

The defendant, Second Injury Trust Fund, appeals from an adverse decision by the trial court in favor of the plaintiff, Daniel McCleave. McCleave filed a petition for writ of mandamus against the Fund to collect interest on a lump sum attorney’s fee previously awarded him in a workmen’s compensation case. The trial court held that interest on an attorney’s fee may be assessed against the Fund under § 8-8-10, Code 1975 (1984 Repl.Vol.), which provides for the payment of interest on money judgments.

Before we can determine whether an attorney’s fee accrues interest, we must first *58de…