State ex rel. Montrie Nursing Home, Inc. v. Creasy (5 Ohio St. 3d 124, 1983)

Per Curiam.

Respondents initially raise the question of whether the court of appeals properly used the interest on the amount deposited by respondents to pay attorney’s fees to relators’ attorneys. Respondents argue that any prejudgment interest belongs to the state, while relators maintain that the state admitted liability when it deposited the sum with the court and the interest which subsequently accrues inures to the relators, the prevailing party. We find respondents’ argument well-taken and reverse the decision of the court of appeals to distribute the interest as attorney’s fees.

This court faced nearly the same issue in State, ex rel. Home Care Pharmacy, Inc., v. Creasy (1981), 67 Ohio St. 2d 342 [21 O.O.3d 215]. There, certain pharmaceutical retailers sought a writ of mandamus to compel the payment of Medicaid reimbursements from the ODPW which had been delayed due to.-a state fiscal crisis. In addition, relators sought to compel the state to pay interest on the delayed reimbursements. We unanimously denied the writ and stated at page 344:

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