Canal Insurance v. Tackett

Opinion

HULL, J.

Defendant Billie Tackett appeals from an order awarding plaintiff Canal Insurance Company attorney fees from interest that had accrued on interpleader funds deposited with the court. Defendant contends that (1) plaintiff did not give the requisite notice for its fee motion and (2) an award of fees from interest on interpleader funds is statutorily prohibited. This latter point is dispositive, and we reverse the trial court’s order.

Facts And Procedural History

Defendant was one of several people injured in a vehicle accident caused by the driver of a tractor-trailer rig. A number…