Dornette v. Green Bldg. Consulting, L.L.C.

Citations

• 2025 Ohio 4944

Syllabus

SUMMARY JUDGMENT — REPLEVIN — BREACH OF SETTLEMENT AGREEMENT — ATTORNEY'S FEES — COMPENSATORY DAMAGES: In plaintiff's replevin action arising out of a construction contract with defendant, the trial court did not err by denying plaintiff's motion for summary judgment and granting summary judgment in defendant's favor where the parties had entered into a previous settlement agreement releasing each other from future claims related to the construction contract. The trial court's decision to grant defendant's request for attorney's fees on its counterclaim for breach of the settlement agreement was not contrary to law where Ohio courts, the Northern District of Ohio, and the Sixth Circuit have all held that a party's expenditure on attorney's fees due to a breach of a settlement agreement is recoverable as compensatory damages.