Carnegie Cos., Inc. v. Summit Properties, Inc.
2012 Ohio 1324
Ohio Ct. App.2012Background
- Carnegie and Summit litigated over a land deal, including the Frontier Shopping Center and Twinsburg property.
- Carnegie moved to disqualify Summit's counsel Ulmer & Berne and sought an attorney-fee award.
- The trial court disqualified Ulmer & Berne and ordered a fee award for Carnegie’s disqualification motion based on bad faith.
- This court affirmed the disqualification ruling but dismissed part of the appeal for lack of a final, monetary order.
- Carnegie sought appellate fees but the appellate court denied them as not frivolous.
- Following joint stipulations, the trial court entered judgment in Carnegie’s favor for $79,856.26 against Summit and Ulmer & Berne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bad faith notice for disqualification fees | Summit contends no notice of bad faith was provided | Carnegie argued bad faith was established for fee award | Assignment I overruled; notice argument forfeited |
| Law of the case applicability | Summit argues law of the case barred trial-level fees | Carnegie contends law of the case did not preclude the fee award | Assignment II overruled; law of the case did not bar fees |
| Manifest weight of the evidence for bad faith | Summit claims the evidence does not support bad faith by Ulmer & Berne | Carnegie contends the evidence supports bad faith | Assignment III overruled; weight of the evidence supports bad-faith finding |
Key Cases Cited
- Harris v. Akron, 2009-Ohio-3865 (9th Dist. No. 24499 (2009)) (notice and preservation principles in appellate review)
- State ex rel. Ohio Civ. Serv. Employees Assn., AFSCME, Local 11, AFL-CIO v. State Emp. Relations Bd., 2004-Ohio-6363 (Ohio Supreme Court (2004)) (requirement to raise issues in trial court to avoid forfeiture)
- Neiswinter v. Nationwide Mut. Fire Ins. Co., 2008-Ohio-37 (9th Dist. No. 23648 (2008)) (law-of-the-case doctrine explanation)
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law-of-the-case doctrine scope)
- Seasons Coal Co., Inc. v. Cleveland, 54 Ohio St.2d 77 (1984) (standard for manifest-weight review; credibility rests with trial court)
- Hoskins v. Aetna Life Ins. Co., 6 Ohio St.3d 272 (1983) (bad-faith standard elements for attorney conduct)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (clarification of manifest-weight standard)