Thomas v. Murry

Citations

• 2021 Ohio 206

Syllabus

Frivolous conduct malicious malice willingly bad faith evidence motion deposition abuse of discretion sanction attorney fees. The trial court did not abuse its discretion by admitting the affidavit of a witness who did not testify in person during the sanctions hearing. The trial court did not abuse its discretion by denying the defendants' motion for attorney fees and sanctions under Civ.R. 11. The trial court did not abuse its discretion by determining that the claims of defamation, malicious prosecution, civil trespass, and malicious damage of property were not frivolously filed. However, the trial court abused its discretion by determining that the aiding and abetting malicious prosecution claim was warranted under existing law.