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CANAL INS. CO. v. TACKETT

No. C044357

11 Cal.Rptr.3d 626 (2004)

117 Cal.App.4th 239

CANAL INSURANCE COMPANY, Plaintiff and Respondent, v. Billie TACKETT, Defendant and Appellant. Stewart Eugene Lewis, Plaintiff, v. M.T.C. et al., Defendant.

Court of Appeals of California, Third District

Review Denied June 30, 2004

Attorney(s) appearing for the Case

Stewart, Humpherys, Burchett & Molin and Richard Molin, Chico, for Defendant and Appellant.

Perry & Spann and Linda J. Linton for Plaintiff and Respondent.

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.

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