State ex rel. Kabatek v. Stackhouse, 451 N.E.2d 248 (Ohio 1983). · Go Syfert
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State ex rel. Kabatek v. Stackhouse, 451 N.E.2d 248 (Ohio 1983). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, last quoted 2003 · …the prevailing party is not entitled to an award of attorney fees unless that party against whom the fees are taxed was found to have acted in bad faith. ✓
81 citation events (32 in the last 25 years) across 3 distinct courts.
Strongest positive: State ex rel. Cornell v. Greene Cty. Bd. Commrs. (ohioctapp, 2014-12-19)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) State ex rel. Cornell v. Greene Cty. Bd. Commrs.
Ohio Ct. App. · 2014 · confidence medium
Kabatek v. Stackhouse, 6 Ohio St.3d 55, 56 , 451 N.E.2d 248, 249 (1983).
cited Cited "see" Grieselding v. Krischak, L-06-1010 (6-1-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See Stackhouse , 6 Ohio St.3d at 55 -56 ; Atram , 64 Ohio App.3d at 391 ; Buller , 39 Ohio App.3d at 17 .
Retrieving the full opinion text from the archive…
The State, ex rel. Kabatek
v.
Stackhouse, Cuyahoga Cty. Engineer
No. 82-981.
Ohio Supreme Court.
Jul 20, 1983.
451 N.E.2d 248
1983 Ohio LEXIS 777
Mr. Robert D. Holmes, for appellant., Mr. John T. Corrigan, prosecuting attorney, and Mr. David A. Williamson, for appellees.
Brown, Celebrezze, Holmes, Locher, Sweeney.
Cited by 43 opinions  |  Published
Per Curiam.

Appellant contests the denial of his request for an award of attorney fees.

“The general rule in Ohio is that, absent a statutory provision allowing attorney fees as costs, the prevailing party is not entitled to an award of at[*56] torney fees unless the party against whom the fees are taxed was found to have acted in bad faith. See Sorin v. Bd. of Edn. (1976), 46 Ohio St. 2d 177 [75 O.O.2d 224]; State, ex rel. Grosser, v. Boy (1976), 46 Ohio St. 2d 184 [75 O.O.2d 228].” State, ex rel. Crockett, v. Robinson (1981), 67 Ohio St. 2d 363, 369 [21 O.O.2d 228],

Appellant argues that appellees acted in bad faith by engaging in dilatory conduct designed to prolong litigation and delay the award of back pay to appellant. Specifically, appellant contends that appellees’ motion to dismiss, the granting of which was the subject of the first appeal to this court, was without merit and filed only for the purpose of delay.

We cannot agree that this demonstrates bad faith on the part of appellees. As we stated in State, ex rel. Crockett, supra, at 369-370, the fact that appellees interposed a defense which was ultimately overruled does not, in and of itself, demonstrate bad faith. The court of appeals was persuaded by the motion and granted it. Though we reversed the dismissal, we agree that a colorable issue was presented for consideration on the merits as to whether appellant’s intervening retirement would affect his entitlement to back pay.

Accordingly, we affirm the judgment of the court of appeals denying appellant an award of attorney fees.

Judgment affirmed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J. P. Celebrezze, JJ., concur.