Vogel v. Albi

Citations

• 2020 Ohio 5242

Syllabus

CONTRACTS – BREACH OF CONTRACT – TORTIOUS INTERFERENCE WITH CONTRACT AND BUSINESS RELATIONSHIPS – SLANDER OF TITLE – ABUSE OF PROCESS – R.C. 2323.51 – PROCEDURE/RULES: Where the parties' email exchange demonstrated that they did not intend to be bound by the emails and contemplated the execution of a formal contract, and where the emails failed to demonstrate that the parties had reached a meeting of the minds, the trial court did not err in determining that no binding contract had been formed between the parties. Where the evidence presented at trial established that plaintiff had acted with privilege to protect his own business interests, the trial court did not err in finding in favor of plaintiff on defendant's counterclaims for tortious interference with contract and business relationships and abuse of process. Where the evidence presented at trial established that plaintiff's counsel's statement that plaintiff had a valid contract for the purchase of a parcel of real estate was made without malice or reckless disregard for the statement's falsity and was made to protect plaintiff's own business interests, the trial court did not err in finding in favor of plaintiff on defendant's counterclaim for slander of title. A request for fees and costs based on another party's frivolous conduct made pursuant to R.C. 2323.51(B)(1) must be raised by motion after the entry of final judgment and may not be asserted in a counterclaim.