2019 Ohio 2559
Ohio Ct. App.2019Background
- 217 Williams, LLC filed forcible-entry-and-detainer and damages actions against tenant Stewart Worthen for unpaid rent after terminating his month-to-month tenancy; Worthen had a CMHA housing subsidy that covered part of rent.
- Worthen (represented by attorney John H. Forg) filed counterclaims including a retaliation/disability discrimination claim and filed objections to a magistrate’s order requiring a rent bond; Forg invoked a local rule for objections but did not file a transcript.
- Worthen failed to timely comply with the magistrate’s escrow/rent-bond orders; the landlord moved for immediate hearing, and eviction proceeded after various continuances and two affidavits of disqualification filed by Forg (one dismissed; the second denied).
- After eviction and dismissal of Worthen’s complaint, the landlord moved for sanctions under R.C. 2323.51 and Civ.R. 11 against Worthen and Forg for frivolous conduct; the trial court awarded $2,464.35 in attorney fees jointly and severally against Worthen and Forg.
- Forg appealed, arguing the record did not support a finding of frivolous conduct and that the fee award was an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Forg engaged in frivolous conduct under R.C. 2323.51(A)(2)(a)(i) (improper purpose such as causing delay) | Forg and Worthen filed objections and a discrimination claim to delay eviction; Worthen later said Forg acted to "buy more time"; landlord was adversely affected | Forg disputed sufficiency of evidence; argued some objections had legal basis (citing Fay Apartments) and procedure compliance was proper | Court: Finding of frivolous conduct supported — trial court credited evidence of improper purpose (client’s admission, timing of filings, misuse of local rule) |
| Whether awarding attorney fees under R.C. 2323.51 was an abuse of discretion | Landlord sought fees as remedy for frivolous conduct; court awarded reasonable fees incurred | Forg alleged misrepresentations by landlord’s counsel and contested reasonableness/necessity of fees | Court: No abuse of discretion; award reasonable and within trial court’s authority; Forg failed to show prejudice from alleged misrepresentations |
Key Cases Cited
- Hildreth v. Mims, 70 Ohio App.3d 282 (Ohio App. 1990) (counsel may be sanctioned when conduct pursued for improper purpose even if legal basis exists)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard defined)
- Brown v. Fay Apartments, 62 Ohio Misc.2d 188 (M.C. 1991) (court reduced bond to nonsubsidized portion where subsidy continued to be paid)