Forrester v. Mercker
2016 Ohio 3080
Ohio Ct. App.2016Background
- In 2011 Forrester contracted to renovate the Merckers' home; Merckers paid $347,363.82 but did not pay a final invoice for $9,772.49 dated May 4, 2012.
- Forrester sued in municipal court (breach of contract, among other claims) alleging a written contract existed but that the signed copy could not be located; case was transferred to common pleas court.
- Parties stipulated at trial they had a contract and attached an unsigned version they said materially matched the lost signed contract.
- At trial Forrester sought to amend his complaint to add a claim for recovery of contractual attorney fees; the jury found Merckers breached and awarded $9,772.49.
- The trial court reserved ruling on the fee-amendment request, later denied Forrester’s motion to amend under Civ.R. 15(B) as unduly prejudicial and denied the attorney-fee claim.
- Forrester appealed; the appellate court affirmed, finding no abuse of discretion in denying the late amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Forrester could amend his complaint to conform to the evidence at trial under Civ.R. 15(B) | Forrester argued the rule permits amendment at any time to conform pleadings to evidence (including after judgment) and the stipulation/contracts at trial put fees at issue | Mercker argued the request was made too late (at trial) and would unduly prejudice defendants after 2.5 years of litigation | Court denied the amendment; no abuse of discretion in finding undue prejudice |
| Whether Forrester could recover contractual attorney fees | Forrester argued the contract shifts attorney fees to the non-breaching party and amendment was necessary to pursue that relief | Mercker opposed adding a fee claim late, asserting prejudice and unfair alteration of claim scope | Court denied fee recovery because amendment to add fees was denied |
Key Cases Cited
- Stonehenge Land Co. v. Beazer Homes Invests., LLC, 177 Ohio App.3d 7 (2008) (party may contractually shift attorney fees despite the American Rule)
- Sorin v. Bd. of Edn. of Warrensville Hts. School Dist., 46 Ohio St.2d 177 (1976) (states the general American Rule that parties bear their own attorney fees absent agreement or statute)
- McConnell v. Hunt Sports Ent., 132 Ohio App.3d 657 (1999) (recognizes contractual fee-shifting as an exception to the American Rule)
- Pegan v. Crawmer, 79 Ohio St.3d 155 (1997) (discusses contract-based fee-shifting)
- Hall v. Bunn, 11 Ohio St.3d 118 (1984) (Civ.R. 15(B) amendments are liberally construed to decide cases on the merits; criteria when pleadings should be amended)
- State v. Adams, 62 Ohio St.2d 151 (1980) (defines abuse of discretion as unreasonable, arbitrary, or unconscionable)