DiPenti v. Park Towers Condominium Assn.

Citations

• 2020 Ohio 4277

Syllabus

The trial court did not err in granting summary judgment in favor of the Association on appellant's claims and the counterclaim of appellee. No genuine issue of material fact existed as to whether appellant was responsible for the repair cost to the drain line that was part of her condominium unit and reasonable minds could conclude only that it was appellant's responsibility to pay for the repair. Additionally, the trial court's decision to award $12,642.50 in attorney fees was reasonable within the meaning of R.C. 5311.19(A) and the trial court did not abuse its discretion in making the award. Furthermore, as appellant failed to object to the magistrate's decision awarding attorney fees in the trial court, she has waived all but plain error on the issue. Finding no plain error, the trial court did not err. Judgment affirmed.