Ohio State Chiropractic Assn. v. Ohio Bur. of Workers' Comp.

[This opinion has been published in Ohio Official Reports at 72 Ohio St.3d 485.]

OHIO STATE CHIROPRACTIC ASSOCIATION ET AL., APPELLANTS, v. OHIO BUREAU OF WORKERS' COMPENSATION ET AL., APPELLEES. [Cite as Ohio State Chiropractic Assn. v. Ohio Bur. of Workers' Comp., 1995-Ohio-74.]

Civil procedure—Trial court has authority under R.C. 2721.09 to assess attorney fees based on a declaratory judgment issued by the court—Determination to grant or deny request for fees will not be disturbed, absent an abuse of discretion. (No. 94-1046—Submitted May 10, 1995—Decided July 12, 1995.)

APPEAL from the Court of Appeals for Franklin County, No. 93AP-866. __________________ Karr & Sherman Co., L.P.A., Keith M. Karr and Robert P. Sherman, for appellants.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellees. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488.

MOYER, C.J., DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur.

PFEIFER, J., concurs in part and dissents in part.

WRIGHT and COOK, JJ., dissent. __________________ PFEIFER, J., concurring in part and dissenting in part. {¶ 2} I concur that Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, controls this case. I dissent from the majority's decision SUPREME COURT OF OHIO to remand—we should have found that attorney fees are inappropriate and ended the matter in this court. __________________

WRIGHT, J., dissenting. {¶ 3} For the reasons stated in Justice Cook's dissenting opinion in Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, which I joined, I respectfully dissent.

Cook, J., concurs in the foreing dissenting opinion. __________________