Speigel v. Ianni

Citations

• 2023 Ohio 3809

Syllabus

JURISDICTION – CHANGE OF VENUE – CIV.R. 3 – FORUM SHOPPING – ATTORNEYS' FEES – R.C. 2323.51 – LODESTAR – CIV.R. 41(B)(1) – FAILURE TO PROSECUTE – CIV.R. 5: Where a change of venue has been granted from a trial court in one Ohio appellate district to a trial court in a different appellate district, the appellate district of the transferee trial court is the proper forum to review a challenge to the change of venue on appeal. Where a party opposes a change of venue in the original forum, the matter is preserved for appeal and the party need not object again in the transferee court. Despite a property that was the subject of a claim in the action being located in Clermont County, no abuse of discretion occurred in the trial court's transfer of venue from Clermont County to Hamilton County where the action was first filed in Hamilton County before being dismissed and refiled in Clermont County, defendant resided in Hamilton County, two other properties that were also at issue were located in Hamilton County, the contract was allegedly breached in Hamilton County, all or part of the claims arose in Hamilton County, and the plaintiff was forum shopping by filing in Clermont County. No abuse of discretion occurred in the trial court's award of attorneys' fees where plaintiff provided the trial court with a lodestar of fees sought and the trial court awarded the amount requested, less approximately $5,000, and the trial court's order was sufficient to establish that it found the rates charged to be reasonable and based its fee award on the lodestar. No abuse of discretion occurred in the trial court's dismissal of plaintiff's claims for failure to prosecute where plaintiff's attempts to delay the proceedings were well documented in the record and where plaintiff failed to present evidence to rebut the presumption of proper service of notice of a show-cause hearing and of an entry granting her counsels' motion to withdraw.