Pegan v. Crawmer, 679 N.E.2d 1129 (Ohio 1997). · Go Syfert
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Pegan v. Crawmer, 679 N.E.2d 1129 (Ohio 1997). Cases Citing This Book View Copy Cite
“in the absence of statutory authorization or a finding of conduct that amounts to bad faith, a prevailing party may not recover attorney fees”
55 citation events (45 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State ex rel. Internatl. Assn. of Fire Fighters v. Barbish
Ohio Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
in the absence of statutory authorization or a finding of conduct that amounts to bad faith, a prevailing party may not recover attorney fees
discussed Cited as authority (rule) Buckner v. Hasan
Ohio Ct. App. · 2026 · confidence medium
Attorney fees may be awarded if (1) a statute creates a duty to pay fees, (2) the losing party has acted in bad faith, or (3) the parties contract to shift fees.” Rayco Mfg. v. Murphy, Rogers, Sloss & Gambel, 2019-Ohio- 3756, ¶ 24 (8th Dist.), citing Wilborn v. Bank One Corp., 2009-Ohio-306 , ¶ 7, citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997).
discussed Cited as authority (rule) Stapleton v. Powers
Ohio Ct. App. · 2026 · confidence medium
As one of the exceptions to the rule, attorney fees may be awarded “when the prevailing party demonstrates bad faith on the part of the unsuccessful litigant.” Waldock at ¶ 21 , quoting Wilborn at ¶ 7 , citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶ 42} “We review a trial court's determination ‘with respect to a request for attorney fees on the basis of bad faith for an abuse of discretion.’” Waldock at ¶ 26 , quoting Bodenstein v. Richard Aloisio Trucking, Inc., 2020-Ohio-3761, ¶ 25 (12th Dist.).
cited Cited as authority (rule) Waldock v. Waldock Invest. Co.
unknown court · 2025 · confidence medium
Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶ 22} Additionally, attorney fees may also be awarded as an element of compensatory damages if punitive damages are awarded.
discussed Cited as authority (rule) Universal Steel Bldgs. Corp. v. Dues
Ohio Ct. App. · 2024 · confidence medium
“As exceptions to that rule, recovery of attorney fees may be permitted if (1) a statute creates a duty to pay fees, (2) the losing party has acted in bad faith, or (3) the parties contract to shift fees.” Id., citing McConnell v. Hunt Sports Ents., 132 Ohio App.3d 657, 699 (10th Dist.1999), citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶196} In this case, the trial court denied Universal Steel’s request for attorney fees based on the jury’s determination as to Daniel and Denise’s breach- of-contract counterclaim.
cited Cited as authority (rule) Assured Admin., L.L.C. v. Young
Ohio Ct. App. · 2021 · confidence medium
Nottingdale at 34; Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997).
discussed Cited as authority (rule) United Gulf Marine, L.L.C. v. Continental Refining Co., L.L.C.
Ohio Ct. App. · 2019 · confidence medium
“As exceptions to that rule, recovery of attorney fees may be permitted if (1) a statute creates a duty to pay fees, (2) the losing party has acted in bad faith, or (3) the parties contract to shift fees.” Id., citing McConnell v. Hunt Sports Ents., 132 Ohio App.3d 657, 699 (10th Dist.1999), citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶12} In this case, CRC raises five arguments as to why the trial court abused its discretion by awarding UGM attorney fees.
discussed Cited as authority (rule) Fidelity Tax, L.L.C. v. Hall
Ohio Ct. App. · 2017 · confidence medium
Id., citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶ 14} R.C. 1319.02 allows for enforcing a commitment to pay attorney fees in commercial contracts of indebtedness as an exception to the American rule: If a contract of indebtedness includes a commitment to pay attorneys' fees, and if the contract is enforced through judicial proceedings or otherwise after maturity of the debt, a person No. 16AP-720 5 that has the right to recover attorneys' fees under the commitment, at the option of that person, may recover attorneys' fees in accordance with the commitment, to the extent that the…
discussed Cited as authority (rule) Forrester v. Mercker
Ohio Ct. App. · 2016 · confidence medium
Id., citing McConnell v. Hunt Sports Ent., 132 Ohio App.3d 657, 699 (10th Dist.1999), citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶ 12} Civ.R. 15(B) provides: When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
discussed Cited as authority (rule) Savoy Hospitality, L.L.C. v. 5839 Monore St. Assocs., L.L.C.
Ohio Ct. App. · 2015 · confidence medium
“As exceptions to that rule, recovery of attorney fees may be permitted if (1) a statute creates a duty to pay fees, (2) the losing party has acted in bad faith, or (3) the parties contract to shift fees.” Id., citing McConnell v. Hunt Sports Ents., 132 Ohio App.3d 657 , 699 -35- Case No. CL-2014-01144 (10th Dist.1999), citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). “[A] party may receive attorney fees resulting from the other party’s breach of the settlement agreement as a form of compensatory damages.” Raymond J.
cited Cited as authority (rule) EAC Properties, L.L.C. v. Brightwell
Ohio Ct. App. · 2014 · confidence medium
Id., citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997).
discussed Cited as authority (rule) Technical Constr. Specialties, Inc. v. New Era Builders, Inc.
Ohio Ct. App. · 2012 · confidence medium
McConnell v. Hunt Sports Ents., 132 Ohio App.3d 657, 699 (10th Dist.1999), citing Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997). {¶27} TCS argues that it is entitled to attorney fees because New Era acted in bad faith when it breached the settlement agreement.
cited Cited "see" State ex rel. Cotten v. Frericks
Ohio · 2024 · signal: see · confidence high
See Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997) (appeal of award of costs and attorney fees in a habeas corpus case); State ex rel.
cited Cited "see" Trogdon v. Beltran
Ohio Ct. App. · 2016 · signal: see · confidence high
See Pegan v. Crawmer, 79 Ohio St.3d 155, 156 (1997).
cited Cited "see" Clem v. Steiner, Unpublished Decision (9-12-2003)
Ohio Ct. App. · 2003 · signal: see · confidence high
See Pegan v. Crawmer, 79 Ohio St.3d 155 .
discussed Cited "see" Reed v. Smith, Unpublished Decision (3-14-2001) (2×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See Pegan v. Crawmer (1997), 79 Ohio St.3d 155 , 156 , 679 N.E.2d 1129 ; State ex rel.
discussed Cited "see" Capretta v. Goodson, Unpublished Decision (12-18-2000) (2×)
Ohio Ct. App. · 2000 · signal: see · confidence high
See OHI 23.71, ¶ 12. 4 E.g., Pegan v. Crawmer (1997), 79 Ohio St.3d 155 , 156 , 679 N.E.2d 1129 ([I]n the absence of statutory authorization or a finding of conduct that amounts to bad faith, a prevailing party may not recover attorney fees.)
discussed Cited "see" WMA Securities, Inc. v. Wynn (2×)
S.D. Ohio · 2000 · signal: see · confidence high
See Pegan v. Crawmer, 79 Ohio St.3d 155 , 679 N.E.2d 1129 .
discussed Cited "see, e.g." Rayco Mfg., Inc. v. Murphy, Rogers, Sloss & Gambel (2×)
Ohio Ct. App. · 2019 · signal: see also · confidence low
See also Pegan v. Crawmer, 79 Ohio St.3d 155, 156 , 679 N.E.2d 1129 (1997); Krasny-Kaplan Corp. v. Flo-Tork, Inc., 66 Ohio St.3d 75, 77 , 609 N.E.2d 152 (1993); State ex rel.
discussed Cited "see, e.g." First Bank of Marietta v. L. C. Limited, Unpublished Decision (12-28-1999)
Ohio Ct. App. · 1999 · signal: see also · confidence medium
See, also, Pegan, supra, at 156 (finding that unless specified by statute, the term "costs" does not include attorney fees).
Retrieving the full opinion text from the archive…
Pegan
v.
Crawmer
No. 96-2852.
Ohio Supreme Court.
Jun 25, 1997.
679 N.E.2d 1129
Central Ohio Legal Aid Society, Inc. and Patricia L. Moore, for appellant., Cindy Ripko, for appellee.
Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney.
Cited by 36 opinions  |  Published
Per Curiam.

Pegan asserts in her sole proposition of law that attorney fees are not available as costs absent statutory authority or frivolous conduct on the part of the nonprevailing party. For the reasons that follow, we sustain Pegan’s proposition and reverse the judgment of the court of appeals.

First, in the absence of statutory authorization or a finding of conduct that amounts to bad faith, a prevailing party may not recover attorney fees. State ex rel. Pennington v. Gundler (1996), 75 Ohio St.3d 171, 173, 661 N.E.2d 1049, 1051; Vance v. Roedersheimer (1992), 64 Ohio St.3d 552, 556, 597 N.E.2d 153, 156. No statute authorizes attorney fees here, and neither this court nor the court of appeals determined that Pegan had acted in bad faith in instituting the habeas corpus action or her appeals.

Second, the reference to costs in our previous judgment entry referred only to the docket fee, not attorney fees. State ex rel. Plain Dealer Publishing Co. v. Cleveland (1996), 76 Ohio St.3d 1218, 667 N.E.2d 1232; S.Ct.Prac.R. XV(1); see, also, Muze v. Mayfield (1991), 61 Ohio St.3d 173, 174-175, 573 N.E.2d 1078, 1079 (Unless specified by statute, “costs” do not include attorney fees.).

Based on the foregoing, the judgment of the court of appeals is reversed.

Judgment reversed.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, J., concurs in judgment only.