Opinion

Edbow, Inc. v. Franklin County Board of Revision

  • 86 Ohio St. 3d 1207
  • 712 N.E.2d 757
Court
Ohio Supreme Court
Filed
Jul 28, 1999
Status
Published
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
2 cases
Authority
More cited than 55.8%

The opinion

On April 6, 1999, Edbow, Inc., appellee, filed a motion seeking reasonable expenses, attorney fees, and costs under S.CtPrac.R. XIY(5). In the motion, Edbow claims that we should impose a sanction on appellants for filing a frivolous appeal.

Upon consideration of this motion and appellants’ memorandum contra, we find this appeal is not reasonably well grounded in fact or warranted by existing law and, therefore, is frivolous. See Edbow, Inc. v. Franklin Cty. Bd. of Revision (1999), 85 Ohio St.3d 656 , 710 N.E.2d 1112 . We hereby award reasonable attorney fees to appellee.

Upon reviewing the statement for services submitted by counsel for appellee, we reduce counsel’s rate to $175 per hour and reduce counsel’s billable time to 11.5 hours. Accordingly, we award attorney fees of $2,012.50 to appellee. We do not award any additional charges or travel expenses because counsel has not provided any documentation of such charges.

IT IS ORDERED by this court that appellants pay, as a sanction, $2,012.50 within thirty days of the date of this entry by certified check or money order made payable to Edbow, Inc.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

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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