Opinion

State ex rel. Chapnick v. E. Cleveland City School Dist. Bd. of Edn.

  • 93 Ohio St. 3d 449
  • 2001 Ohio 1585
Court
Ohio Supreme Court
Filed
Oct 17, 2001
Status
Published
Cited by
5 cases
Authority
More cited than 69.8%

The opinion

[This decision has been published in Ohio Official Reports at 93 Ohio St.3d 449.]

THE STATE EX REL. CHAPNICK, APPELLEE AND CROSS-APPELLANT, v. EAST

CLEVELAND CITY SCHOOL DISTRICT BOARD OF EDUCATION, APPELLANT AND

CROSS-APPELLEE.

[Cite as State ex rel. Chapnick v. E. Cleveland City School Dist. Bd. of Edn.,

2001-Ohio-1585.]

Schools—Appeal from court of appeals’ grant writ of mandamus, compelling East

Cleveland City School District Board of Education to issue an employment

contract to relator and to pay him all back pay and benefits to which he is

entitled, dismissed as moot—Denial of relator’s request for attorney fees

affirmed.

(No. 01-90—Submitted September 19, 2001—Decided October 17, 2001.)

APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No.

78088.

__________________

Per Curiam.

{¶ 1} From September 1990 through July 2000, appellant and cross-

appellee, East Cleveland City School District Board of Education (“board”),

employed appellee and cross-appellant, Stephen Chapnick, in the position of

business manager under a series of two-year contracts. These contracts contained

the caption “Administrator’s Contract” and included the following language:

“WHEREAS, the Board of Education has determined it necessary to

contract for the employment of an administrative officer pursuant to Section

3319.02, Ohio Revised Code, * * * the Board of Education has approved such

recommendation and has authorized this contract.”

{¶ 2} While employed as a business manager for the district, Chapnick

performed various duties, including negotiating, preparing, and executing contracts

SUPREME COURT OF OHIO

concerning food, transportation, maintenance, and security services, and

recommending the hiring, termination, and discipline for classified staff, which

included food service workers, transportation employees, custodial staff, and

maintenance employees.

{¶ 3} Chapnick’s last contract with the district covered the period from

August 1998 through July 2000. The board did not give written notice of its

intention not to reemploy Chapnick on or before the last day of March 2000 as

required by R.C. 3319.02(C) in the contractual employment of certain school

administrators.

{¶ 4} After the board failed to reemploy Chapnick, he filed a complaint in

the Court of Appeals for Cuyahoga County. In the complaint as subsequently

amended, Chapnick requested a writ of mandamus to compel the board to employ

him for a term of two years commencing in August 2000 and ending in July 2002

at the same salary plus any increments to which he may be entitled, a writ of

prohibition to prevent the board from transferring him to a position of lesser

responsibility during the two-year period, and an award of reasonable attorney fees.

{¶ 5} The parties filed motions for summary judgment, and the court of

appeals subsequently granted a writ of mandamus to compel the board to issue an

“other administrator’s” employment contract to Chapnick pursuant to R.C. 3319.02

and to pay him all back pay and benefits to which he is entitled. The court of

appeals also denied Chapnick’s requests for a writ of prohibition and for attorney

fees.

{¶ 6} This cause is now before the court upon the board’s appeal and

Chapnick’s cross-appeal from the judgment of the court of appeals.

Appeal

{¶ 7} In its appeal, the board asserts that the court of appeals erred in

granting the writ of mandamus because Chapnick was not entitled to notice under

R.C. 3319.02 and he had an adequate remedy in the ordinary course of law. Amicus

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January Term, 2001

curiae Ohio School Boards Association filed an appellate brief in support of the

board’s appeal.

{¶ 8} By letter dated June 12, 2001, however, the board informed Chapnick

that it had voted to reinstate him to the business manager position, to compensate

him for back pay for the period from August 1, 2000, to credit him with a year of

service for his pension, and to suspend his contract without pay pending

termination. On June 20, Chapnick moved to dismiss the board’s appeal as moot

because of the board’s reinstatement of him.

{¶ 9} We grant Chapnick’s motion and dismiss the board’s appeal as moot.

According to Chapnick, the board has now afforded him the extraordinary relief in

mandamus that the court of appeals ordered. See Miner v. Witt (1910), 82 Ohio St.

237, 92 N.E. 21, syllabus; cf. State ex rel. Jones v. O’Connor (1999), 84 Ohio St.3d

426, 704 N.E.2d 1223, 1224 (“Mandamus does not lie to compel an act that has

already been performed”). Nor is any exception to the mootness doctrine

implicated here. See, e.g., State ex rel. Calvary v. Upper Arlington (2000), 89 Ohio

St.3d 229, 231, 729 N.E.2d 1182, 1185. The board, in fact, did not file any timely

response opposing Chapnick’s motion.

{¶ 10} Therefore, the board’s appeal is moot and is dismissed.

Cross-Appeal

{¶ 11} In his cross-appeal, Chapnick asserts that the court of appeals erred

in denying his request for attorney fees. Chapnick claims that he is entitled to

attorney fees because they constitute damages related to his mandamus action under

R.C. 2731.11 and the board’s bad faith necessitated his prosecution of the writ

action.

{¶ 12} Chapnick’s assertions are meritless. His attorney fees are not

recoverable as damages under R.C. 2731.11. State ex rel. Murphy v. Indus. Comm.

(1980), 61 Ohio St.2d 312, 313, 15 O.O.3d 386, 387, 401 N.E.2d 923, 924; State

ex rel. Grosser v. Boy (1976), 46 Ohio St.2d 184, 185, 75 O.O.2d 228, 347 N.E.2d

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539, 540; State ex rel. Gerchak v. Tablack (1997), 117 Ohio App.3d 222, 226-227,

690 N.E.2d 93, 96.

{¶ 13} Regarding Chapnick’s remaining contention, “ ‘[t]he general rule in

Ohio is that, absent a statutory provision allowing attorney fees as costs, the

prevailing party is not entitled to an award of attorney fees unless the party against

whom the fees are taxed was found to have acted in bad faith.’ ” State ex rel.

Kabatek v. Stackhouse (1983), 6 Ohio St.3d 55, 55-56, 6 OBR 73, 74, 451 N.E.2d

248, 249, quoting State ex rel. Crockett v. Robinson (1981), 67 Ohio St.2d 363,

369, 21 O.O.3d 228, 232, 423 N.E.2d 1099, 1103. Chapnick did not introduce any

evidence or argument in the court of appeals to support his contention that the board

acted in bad faith. Murphy, 61 Ohio St.2d at 313, 15 O.O.3d at 387, 401 N.E.2d at

924. Further, no evidentiary hearing on the motion is required. See, e.g., In re

Removal of Osuna (1996), 116 Ohio App.3d 339, 342, 688 N.E.2d 42, 44 (“[T]he

trial court followed the overwhelming weight of authority in Ohio in deciding that

a hearing is not always necessary before overruling a motion for attorney fees”).

{¶ 14} Based on the foregoing, we affirm the judgment of the court of

appeals denying Chapnick’s request for attorney fees.

Appeal dismissed in part

and judgment affirmed in part.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and

LUNDBERG STRATTON, JJ., concur.

__________________

Dinn, Hochman, Potter & Levy LLC and Steven B. Potter, for appellee and

cross-appellant.

Baker & Hostetler LLP and Tom A. King, for appellant and cross-appellee.

Bricker & Eckler LLP and Kimball H. Carey, urging reversal for amicus

curiae, Ohio School Boards Association.

__________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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