...ophthalmology practice. This is the sixth appeal arising from this dispute, and the second one dealing specifically with interpleader attorney fees and costs. See Michael S Sherman, DO, PC v Shirley T Sherrod..., unpublished per curiam opinion of the Court of Appeals, issued August 11, 2022 (Docket No. 357502) (Sherman V). Like the first appeal involving interpleader attorney fees and costs...lack of notice on appeal. Instead, defendants acknowledge that the certificate of service filed along with the motion for attorney fees established that intervening plaintiffs had served defendants in compliance ...

.... TANG, Circuit Judge: The government appeals the award of attorney fees to private parties in an ...is whether the Equal Access to Justice Act, 28 U.S.C. § 2412, authorizes an award of attorney fees to an interpleader party out of the interpleader fund...an interpleader action seeking discharge of the debt and attorney fees. The government answered, claiming Ski's owed about $18,000 in taxes from the first quarter of 1978 and that...

...right to stop delivery, the warehouseman's lien, interpleader, attorney fees and the attorney-client privilege. Field Warehousing...this purpose. Interpleader and Attorney Fees SLT filed suit in interpleader in this case seeking to determine who...was entitled to the rightful possession of the modules. Had that been all that SLT sought to obtain in this litigation, SLT would have the right to claim attorney fees. However, SLT also claimed a lien against the goods in question,...

...exception by reference to the common fund doctrine, the United States' tax lien primes the Leischners' claim for attorney fees by 6 years. See Fleischmann Distilling Corp. v. Maier Brewing Co., supra at 714. ...Court for Kitsap County, No. 83-2-00330-1, Terence Hanley, J., on March 6, 1989, entered an order awarding attorney fees to the purchasers. Supreme Court: Holding that the...common fund doctrine did not apply and that the tax lien had priority over the purchasers' claim for attorney fees, the court reverses the attorney fee award...

...requested in the Complaint that it be awarded attorney fees for bringing the instant action and thereafter be exonerated from further liability as to the life insurance proc...Oklahoma Courts have applied the rule of law that attorney fees cannot be taxed as costs or allowed in an action in the absence of statutory authority for attorney fees or in the absence of an express agreement tha...-242 do not provide for an allowance for attorney fees. Defendants urge that federal courts in several instances have refused to allow attorney fees in interpleader actions where same were not allowed...

...Owners. Owners contend that the trial court erroneously awarded Marine reasonable attorney fees of $5,000, and, in any event, erroneously refused to assess this amount as "costs" against the losing claimant...enforce its judgment". Under this provision, federal courts have continued the former equity practice of allowing attorney fees to interpleading plaintiffs in strict actions of interpleader. (E.g..., 26 L.Ed. 1157) and that the plaintiff should not have to pay attorney fees in order to guard himself against the harassment of multiple litigation. But, although the court m...

...involved, and a court-holding to the contrary is error. 4. COSTS — Attorney Fees. Allowance of attorney fees of an interpleader bank in litigation over property in its possession.... The court allowed counsel for interpleader attorney fees and taxed the same against the conservator. The allowance was proper, but under the circumstances should be taxed against the...in which it asserted no interest, held proper in the circumstances of the instant case, such fees to be paid from the fund involved in the controversy...

.... Plaintiffs Terra and J5 filed separate interpleader actions to settle the disputes regarding the ownership of the mineral rights. Plaintiffs' interpleader complaints included requests for attorney fees and...claiming title to the mineral rights. Defendant Stokes has not filed an appeal challenging its liability for attorney fees. Defendants first argue that the trial court erred in awarding attorney...; 467 N.W.2d 21 (1991). Generally, attorney fees are not recoverable unless expressly allowed by statute, court rule, or common-law exception. MCL 600.2405(6...

...attorney fees, the trial court granted partial summary judgment to Porter Development: [The Bank] shares some, but hardly all of the blame. Indiana Code 28-9-5-3 allows for ...attorney fees, if the requirements under the statute are otherwise met. Porter Development disputes the Bank's entitlement to any relief under the Adverse Claim Interpleader Statute...is "simply an ordinary and expected cost of doing business" for banks; and (c) payment of attorney fees would "senselessly deplete the fund that is the subject of preservation through the interpleader." Porter...

...interest in fund as materialmen, were joined in the suit. A verdict was returned allowing the bank's claim, attorney fees for the county, the materialmen's in full or in part and for the surety...company against contractors. The Court of Civil Appeals affirmed judgment as to the bank and one materialman but reversed as to the other materialmen and as to the recovery of attorney fees by the county...— Attorney Fees. In view of the fact that a bank, under an assignment from a contractor, and...

...— Attorney fees not allowable as part of costs. O.Jur 3d Costs § 24. O.Jur 2d Interpleader § 26. Attorney fees are not allowable as part of the costs in any type...: "1. The trial court erred in overruling this interpleading defendant's motion for attorney fees on the ground that the Ohio Rules of Civil Procedure make no provision for such an award. "2. ...interpleader and injunction against further action of said claim, dismissal from this action, and award of attorney fees and costs. Later, the trial court entered an order denying attorney fees to Prudenti...

...fees in the amount of $1,505.25 for work in an interpleader action. Grange first asserts that Thatcher is not entitled to any attorney fees as a matter of law. We disagree as to attorney fees for ..., 519 N.E.2d 390, 392-393. However, we agree with Grange as to attorney fees for the interpleader ac...trial court entered judgment for Grange and held a hearing to determine Thatcher's reasonable attorney fees. At the hearing, Thatcher, contrary to his prior pleading, asked for (1) an hourly fee, instead of the one-third contingency...

...GRANTING MOTION FOR INTERPLEADER, FEES, AND DISMISSAL MICHAEL W. MOSMAN, J. This matter came before the Court on Plaintiffs Motion for Interpleader, Dismissal, and ...request for attorney fees and costs in the total amount of $7,220.03, and this amount shall be payable to Plaintiff from the Restrained Proceeds and... 3:23-cv-01455-MO 04-22-2024 WELLS FARGO BANK, N.A., a national banking association, Interpleader Plaintiff, v. ALAN...

.... Proc., § 386, subd. (f).) A court may also provide for the assumption of attorney fees by one or more of the adverse claimants to the interpleaded fund. (Code Civ. Proc., § 386, subd. (a).) The requirement that all potential claim...have been to answer, and then do nothing. Despite his assertion that he had no claim, Cantu pursued none of these options. The thousands of dollars Cantu claims to have spent on attorney fees while representing himself in propria pe...devoted approximately two-thirds of his opening brief to allegations that Lincoln filed the interpleader action to: (1) stay the Nosotros action; (2) recoup its attorney fees for defending the Nosotros...

.... HULL, J. Defenda...have waived his, her or its right to a share of the interpled funds deposited in this action." On February 28, 2003, plaintiff filed a motion for attorney fees and costs "from the interest accrued since the las.... Plaintiff responds that any defect in service was waived by defendant's presence at the hearing. We need not resolve this conflict. Regardless of the validity of service, as a matter of law, attorney fees cannot be awarded from th...

... JOSEPH BATAILLON, District Judge This matter comes before the Court on the Agreed Motion of Minnesota Life Insurance Company for Discharge and Award of ...) (stakeholder may be denied attorney's fees under unspecified "peculiar circumstances"). In connection with the filing of this interpleader action, Minnesota Life has incurred attorney...the Interpleader Plaintiff. 2. Minnesota Life is awarded attorney fees in the amount of $5,382.00 and court costs in the amount of $350.00, for a total of...

...Motion for Order Awarding Attorney Fees for its Counsel from Funds Held in Court Registry. Filing 145. Defendant-in-Interpleader Bakken Contracting, LLC, filed an Opposition...and Brief in Support of Its Motion for Order Awarding Attorney Fees. Filing 154. In that Motion, Plaintiff-in-Interpleader asks that the Court also schedule new response and reply deadlines so...that Defendantin-Interpleader will have an opportunity to oppose or otherwise respond to the now-complete request for attorney fees. Filing 154 at 2. The Court agrees that the course proposed by Plaintiffin-...

.... Dkt. # 128. Unit seeks an award of attorney fees from the interpled funds and a separate award of attorney fees against defendant William A. Veitch and the interpled funds for his unreasonable litigation conduct....key consideration. Although there was over $277,000 of interpled funds, the parties would likely spend a substantial amount on attorney fees if they continued to engage in extensive motion practice and discovery. Dkt. # 78, at 5-6. ...attorney fees prior to entry of final judgment. Dkt. # 147, at 5. Unit has filed its motion for attorney fees, and Veitch and KT object to the award of any attorney fees to Unit. ...

...tender all future payments to Catherine. The trial court further awarded American attorney fees incurred in bringing the interpleader. In accordance with the trial court's order... Both Jean and American challenge the trial court's denial of summary judgment of their respective claims for attorney fees. Jean asserts that claims for attorney fees come under ...bear the burden of the innocent stakeholder's attorney fees in bringing the interpleader action. See, e.g., Beneficial Std. Life Ins. Co. v...