Elevation Ents., Ltd. v. NMRD, Ltd.

Citations

• 2023 Ohio 4433

Syllabus

The trial court erred, as a matter of law, by finding that the listing agreement was verbally modified as NMRD failed to provide Elevation new and distinct consideration. The trial court erred, as a matter of law, in its determination that the \tenant improvement allowance\ in the lease agreement fell under the listing agreement's definition of \amortized improvements.\ The trial court erred by awarding a portion of the commission directly to Trautner in its final judgment entry. The trial court failed to address prejudgment interest despite Elevation's request for it to make such an award. This issue is remanded back to the trial court to consider whether Elevation is entitled to prejudgment interest in its final award under R.C. 1311.88 or 1343.03. The trial court erred, as a matter of law, finding that attorney fees were not available to Elevation under the statute. Upon remand, the trial court is instructed to determine whether Elevation is entitled to attorney fees and, if so, apportion the assessed costs and attorney fees consistent with R.C. 1311.88(C). Judgment reversed cause remanded.