Bar-Til, Inc. v. Superior Asphalt, Inc.

GREENLEE, J.,

FOR THE COURT:

¶ 1. This case requires this Court to decide whether a plaintiff attorney’s charging lien has attached and has priority over third-party garnishors when the monies satisfying a final judgment obtained by the attorney’s efforts are interpled by the garnishee into the registry of the, court rather than delivered to the attorney’s actual possession. With no statutory directive here, we apply common-law principles to hold that the charging lien has attached and does have priority.

FACTS AND PROCEEDINGS BELOW

¶ 2. In 2007, Bar-Til Inc. entered into a contract with Superior…