Simbo Properties, Inc. v. M8 Realty, L.L.C.

Citations

• 2019 Ohio 3091

Syllabus

Commercial real estate lease agreement directed verdict causation breach of contract expert testimony jury instruction alternative pleading erroneous jury instruction Civ.R. 8 prejudgment interest R.C. 1343.03 accrual date due and payable prevailing party American rule fee-shifting clause \main issue\ standard \some relief\ standard award of attorney fees and expenses judicial estoppel fixed-fee agreement. Judgment affirmed. Directed verdict was correctly granted where plaintiff-landlord failed to introduce evidence showing causation of alleged property damages. A jury instruction on alternative pleadings was a correct statement of law and did not mislead the jury so as to prejudice the complaining party's substantial rights. Where the jury awarded landlord damages for a flag pole and real estate taxes, landlord sought prejudgment interest or late charges on those awards. Landlord was not entitled to an award of prejudgment interest or late charges for the flag pole because the matter was not raised at the lower court and, therefore, was waived on appeal. Regarding the real estate taxes, the trial court did not err when it found prejudgment interest and late charges could not be assessed where the underlying obligation was not due and payable prior to the court's judgment. The \main issue\ doctrine is applied to define the prevailing party where consenting, sophisticated parties, represented by counsel, knowingly and willingly negotiated a commercial lease agreement. As the prevailing party, tenant was entitled to receive all reasonable attorney fees and costs where the lease agreement allowed for this award. Where the prevailing party introduced evidence supporting the reasonableness and payment of its attorney fees and expenses, that party was not required to show that it had made the actual payment of the attorney fees and expenses before receiving an award for those amounts.