In a motion concerning monies previously paid into court under an interpleader order following settlement of a motor vehicle accident claim, the court determined competing entitlement claims by a costs creditor and former counsel.
The moving party sought payment of outstanding costs awards with post-judgment interest, while former counsel sought payment of an unpaid settled account.
The court held that although Rule 72.03 does not itself confer authority to determine entitlement, Rule 43.04 permits the court to decide the rights of claimants and direct payment out.
The court ordered payment to the costs creditor and former counsel first, with the balance to the injured claimant, and declined to award costs of the motion.
