Weckel v. Cole + Russell Architects, Inc.

Citations

• 255 N.E.3d 221
• 2024 Ohio 5111

Syllabus

BREACH OF CONTRACT — RES JUDICATA — ANTICIPATORY REPUDIATION — JURISDICTION — LIMITED REMAND —PREJUDGMENT INTEREST — R.C. 1343.03(A) — ABUSE OF DISCRETION — ATTORNEY FEES — BAD FAITH: The trial court did not err in granting plaintiff's motion for summary judgment on his breach-of-contract and declaratory-judgment actions and denying defendant's motion for summary judgment where defendant failed to establish either of its affirmative defenses of res judicata or anticipatory repudiation. The trial court lacked jurisdiction to consider defendant's and plaintiff's respective Civ.R. 60(B) motions on limited remand from the court of appeals, where the scope of the remand was limited to plaintiff's motion for attorney fees and prejudgment interest. The trial court did not err in awarding plaintiff prejudgment interest on his breach-of-contract claim from the date that it determined plaintiff's claim became ripe where, although the trial court's choice of accrual date was years later than it may have been, choosing the later date was not an abuse of discretion because plaintiff asked for that date; however, the trial court abused its discretion in setting the prejudgment interest rate at the applicable rate on the date that plaintiff's first lawsuit ended because the trial court did not base the rate determination on the plain language of the parties' contract. The trial court did not abuse its discretion in denying plaintiff's motion for attorney fees where the trial court's finding that defendant did not litigate in bad faith was supported by the record.