Wrinch v. Miller, 2011 Ohio 5891

Appellants appeal a judgment awarding attorney fees to appellees for defending a frivolous security deposit claim and frivolous malicious prosecution counterclaim in Summit County Court of Common Pleas.
This Court’s prior decision remanded on the issue of determining an appropriate award of attorney fees under R.C. 2323.51, and the trial court subsequently awarded $8,950 for the frivolous claim.
The prior appeal also held that the trial court erred in not granting a directed verdict on the malicious prosecution counterclaim, which led to a post-remand fee request by Appellants.
At the fee-hearing, neither side’s lead attorneys testified; instead, time records and an expert appraisal were used to apportion hours attributable to defending the frivolous claim and the counterclaim.
The trial court ultimately awarded $2,101 for the frivolous counterclaim defense, finding the evidence insufficient to support the larger requested amount, and Appellants challenged both awards on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the $8,950 fee award for frivolous conduct was reasonable	Wrinch argues the award exceeded reasonable fees and lacks adequate proof of reasonableness.	Miller contends the trial court properly determined reasonableness using expert analysis and the factors under RPC 1.5.	No abuse of discretion; award affirmed.
Whether the $2,101 fee award for the frivolous counterclaim was proper	Wrinch asserts the trial court should have awarded the full amount requested ($21,926.74).	Miller argues the court properly limited the award due to insufficient evidence of allocation and reasonableness.	No abuse of discretion; smaller award affirmed.

Moss v. Bush, 105 Ohio St.3d 458 (Ohio Sup. Ct. 2005) (R.C. 2323.51 fee-shifting standards and frivolous conduct sanctions)
Jefferson v. Creveling, 9th Dist. No. 24206 (2009-Ohio-1214) (reasonableness and burden on moving party to prove fees )