Vines

INTRODUCTION

This appeal, the second in this litigation, is about interest on an award of statutory attorneys’ fees. In particular, whether interest on the award runs from the first, later-reversed attorneys’ fees order or the second, post-remand attorneys’ fees order. The answer depends on whether our opinion in the prior appeal was a modification (so that interest runs from the first order, which is what the prevailing plaintiff wants) or a reversal (so that interest runs from the second, which is what the defendant wants). The line between modification and reversal, however, like that (for example) between a mandatory and prohibitory injunction, can be a little blurry. Here, however, we can safely draw that line. Our directions in the prior appeal required the trial court to do more than perform a pure mathematical computation or add or delete a category of fees; the trial court had to exercise its discretion to determine an appropriate award of attorneys’ fees. Therefore, our prior opinion was a reversal, not a modification, which means interest runs from the second attorneys’ fees award. The case arises out of an employment dispute. Renee Vines sued his former employer,…