Manninen v. Alvarez
2016 Ohio 5471
| Ohio Ct. App. | 2016Background
- Manninen (tenant) sued Alvarez (landlord) in small claims to recover a $600 security deposit; magistrate found Alvarez wrongfully withheld $427.13 and awarded double damages under R.C. 5321.16.
- Magistrate left attorney fees undecided and allowed Manninen to move for fees; Manninen submitted the Packard affidavit with billing records asserting $1,849 in fees.
- A magistrate initially denied fees, finding fees "optional" and both parties acted in good faith; the trial court later found fees mandatory but sustained the denial because Manninen had not provided a hearing transcript.
- This court in Manninen I held the Packard affidavit competent in small-claims proceedings and remanded for the trial court to consider it and determine reasonable fees.
- On remand the trial court considered the uncontested Packard affidavit, found $1,849 reasonable, and awarded that amount; Alvarez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly awarded attorney fees under R.C. 5321.16 | Manninen: Packard affidavit is competent evidence and shows $1,849 reasonable fees | Alvarez: Packard not independent; affidavit alone insufficient; disputed reasonableness | Court: Packard affidavit admissible and sufficient; $1,849 was reasonable — award affirmed |
| Whether award of fees is mandatory or discretionary under R.C. 5321.16 | Manninen: Fees are mandatory when landlord wrongfully withholds deposit | Alvarez: (argued against award on other grounds) | Court: Fees are mandatory upon wrongful withholding; amount decided on evidence by trial court |
| Whether Alvarez was denied due process by delay or recusal | Manninen: (no due-process violation asserted) | Alvarez: Delay (23 months) and unexplained recusal denied her due process and prejudice | Court: No due-process violation; Alvarez not prejudiced and always on notice |
Key Cases Cited
- Smith v. Padgett, 32 Ohio St.3d 344 (Ohio 1987) (under R.C. 5321.16, landlord who wrongfully withholds deposit is liable for double damages and reasonable attorney fees)
- Lacare v. Dearing, 73 Ohio App.3d 238 (Ohio Ct. App.) (trial court may assess reasonable attorney fees under R.C. 5321.16 on the evidence presented)