(251) 299-0101

Postjudgment Interest

Pope, McGlamry, etc. v. DuBois, [Ms. 1171178, June 14, 2019] __ So. 3d __ (Ala. 2019). The Court (Stewart, J.; Parker, C.J., Shaw, Wise, Bryan, Sellers, Mendheim, and Mitchell, JJ., concur) reverses a judgment of the Etowah Circuit Court awarding post-judgment interest to Jason DuBois. DuBois was injured in a workplace accident. After a settlement, the Pope McGlamry law firm intervened to assert an attorney’s lien on the settlement proceeds, and the proceeds were paid into court. Ms. *2.

The circuit court determined that the firm was not entitled to any portion of the proceeds and subsequently awarded post-judgment interest to DuBois. Ms. *4. The Court reversed the award of post-judgment interest, holding “there simply was not a money judgment against the firm that would permit the accrual of post-judgment interest pursuant to § 8-8-10. The settlement sum interpleaded in the court from the underlying case ‘was not money that [the firm] owed to [DuBois] pursuant to any note, mortgage, judgment, or other indebtedness, nor was it awarded as a result of any legal claims against [the firm].’” Ms. *7, quoting Bank Independent v. Coats, 621 So. 2d 951, 953 (Ala. 1993).

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