Alcorso v. Correll

Citations

• 2021 Ohio 3351

Syllabus

Failure to return security deposit R.C. 5321.16(C) due process notice of hearing reasonable attorney fees plain error disproportionate attorney fee award Prof.Cond.R. 1.5(a). Defendant landlord did not show that he was denied due process with respect to notice of hearing on attorney fees where the hearing notice and the trial court's docket indicated that defendant's counsel was promptly served with notice of the hearing, the hearing date and time were listed on the trial court's docket, the trial court contacted defendant's counsel regarding his absence the morning of the hearing but no continuance was requested, and there was nothing in the record to support defendant's claim that his counsel did not receive the hearing notice or otherwise lacked actual or constructive notice of the hearing date. Trial court did not commit plain error in taxing $26,825 in attorney fees as costs pursuant to R.C. 5321.16(C). R.C. 5321.16(C) permitted recovery of appellate attorney fees. Trial court was not required to distinguish between attorney fees attributable to tenant's security deposit claim and landlord's property damage counterclaim where the claims were virtually indivisible. Simply because the attorney fees incurred were disproportionate to the damages recovered on tenant's security deposit claim did not mean they were unreasonable. Attorney fees awarded were itemized in affidavit, supported by witness testimony and Prof.Cond.R. 1.5(a) factors were addressed.