Levine v. Kellogg
Citations
- 2022 Ohio 3440
Syllabus
The trial court applied the correct test regarding the measure of damages in a landlord-tenant dispute as the lesser of the cost of repair and the difference in market value caused by the damage. As there is some competent, credible evidence going to the essential elements of the case, we cannot say that any part of the trial court's judgment regarding the award of $0 for alleged damage to the property was against the manifest weight of the evidence. The award of attorney fees was not an abuse of the trial court's discretion. We do, however, find that the award was sufficiently disproportionate to the damages obtained to raise the issue of reasonableness under R.C. 5321.16(C). The trial court failed to provide any reasoning as to the disproportionality between the damages and the attorney fees. We remand this matter for the trial court to provide further findings as to the attorney fees award regarding the Prof.Cond.R. 1.5 factors and the disproportionality between the damages and lodestar amount. Judgment affirmed in part, reversed in part.
Judges: Mentel
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4 cases in this archive cite this case.
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- State v. ThompkinsOhio Supreme Court· 1997-05-14· cited 16,183×
- State v. DehassOhio Supreme Court· 1967-05-31· cited 7,146×
- Seasons Coal Co. v. City of ClevelandOhio Supreme Court· 1984-04-18· cited 4,990×
- C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court· 1978-05-24· cited 4,737×
- Quern v. JordanSupreme Court· 1979-03-05· cited 4,123×
- Eastley v. VolkmanOhio Supreme Court· 2012-05-22· cited 2,407×
- Nolan v. NolanOhio Supreme Court· 1984-05-02· cited 893×
- Myers v. GarsonOhio Supreme Court· 1993-07-07· cited 633×
- Bittner v. Tri-County Toyota, Inc.Ohio Supreme Court· 1991-03-27· cited 351×
- State v. HartmanOhio Supreme Court· 2001-10-03· cited 346×
- Scott v. YatesOhio Supreme Court· 1994-12-20· cited 110×
- Giancola v. Azem (Slip Opinion)Ohio Supreme Court· 2018-05-03· cited 66×
- Vardeman v. LlewellynOhio Supreme Court· 1985-04-24· cited 55×
- Martin v. Design Construction Services, Inc.Ohio Supreme Court· 2009-01-06· cited 32×
- Hensel v. ChildressOhio Court of Appeals· 2019-09-27· cited 14×
- Scott v. YatesOhio Supreme Court· 1994-12-19· cited 12×
- MacDonald v. Authentic Invests., L.L.C.Ohio Court of Appeals· 2016-06-28· cited 11×
- Oldendick v. CrockerOhio Court of Appeals· 2016-09-01· cited 10×
- Estie Invest. Co. v. BraffOhio Court of Appeals· 2018-10-29· cited 8×
- Levine v. KelloggOhio Court of Appeals· 2020-03-31· cited 7×
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