Zinnel

Plaintiff Wells Fargo Bank (Wells) interpled Elite Power, Inc. (Elite), and Ardith Zinnel in order to determine the rights of the respective parties to an account in defendant Zinnel’s name containing almost $90,000. Wells successfully brought a motion for release of the funds to defendant Zinnel, discharge of its liability to the defendants, and dismissal of the complaint. The trial court awarded Wells nearly $43,000 in legal fees from the interpled funds. Only defendant Zinnel timely appealed from the orders.

On appeal, defendant Zinnel contends Wells did not satisfy the criteria for an interpleader action. She further asserts that Wells was not entitled to an award of legal fees. Finally, she contends the trial court abused its discretion in the amount of legal fees it awarded. As we agree with the second argument, it moots her other contentions. Because Wells failed to deposit the amount in dispute with the court, we shall reverse the order awarding legal fees and otherwise affirm the trial court.

Background

According to the Statement by Domestic Stock Corporation filed in the trial court, Walt Zacharias is the sole officer and director of Elite (an electrical…