Ohio Revised Code

Ohio Rev. Code § 2505.35 (2026)

Appeal on questions of law damages

✓ laws through the 2026 session (checked Sept. 2026)

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Effective:

March 17, 1987

Latest Legislation:

House Bill 412 - 116th General Assembly

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In an appeal on questions of law, if the final order, judgment, or decree is affirmed, or if the appeal is dismissed for want of prosecution, as part of the costs in the case there may be taxed a reasonable fee of not more than two hundred fifty dollars, to be fixed by the appellate court, for the counsel of the appellee. The appellate court may grant damages to the appellee in any reasonable sum not exceeding one thousand dollars, unless the final order, judgment, or decree of the lower court or of the administrative officer, agency, board, department, tribunal, commission, or other instrumentality involved directs the payment of money and execution was stayed on appeal in the appellate court. If such execution was stayed on appeal, in lieu of such damages, the final order, judgment, or decree shall bear additional interest, at a rate not exceeding five per cent per annum, for the time it was stayed, to be ascertained and awarded by the court. If the appellate court certifies in its judgment that there was reasonable cause for the appeal, such fee, additional interest, and damages shall not be taxed, adjudged, or awarded.

Notes of Decisions

Cited in 18 cases, 1957–2020 · leading case: Starks v. Choice Hotels Int'l, 887 N.E.2d 1244 (Ohio Ct. App. 1st Dist. 2007).

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Starks v. Choice Hotels Int'l, 887 N.E.2d 1244 (Ohio Ct. App. 1st Dist. 2007). · cites it 3× “{¶ 16} Though we fear it may be a vain act, we sua sponte grant judgment for each appellee for $1,250 under R.C. 2505.35. (We are aware that a Page’s annotation tells us that the parties must first ask for relief, citing Columbus v.”

Talbott v. Fountas, 475 N.E.2d 187 (Ohio Ct. App. 10th Dist. 1984). “R.C. 2505.35 provides for expenses, including attorney fees, being paid to the appellee, where either a judgment is affirmed or an appeal is dismissed for want of prosecution.”

Fairview Gen. Hosp. v. Fletcher, 591 N.E.2d 1312 (Ohio Ct. App. 10th Dist. 1990). “However, Fairview’s motion for attorney fees will be sustained due to the fact that there was no reasonable cause for appeal pursuant to R.C. 2505.35, which states in part: “In an appeal on questions of law, if the final order, judgment, or decree is affirmed, or if the appeal…”

Kagy v. Toledo-Lucas Cnty. Port Auth., 699 N.E.2d 566 (Ohio Ct. App. 6th Dist. 1997). “Also, appellees’ request that this court “make a finding under R.C. 2505.35 that there was no reasonable cause for this appeal” and tax appellant with a fee of $250 plus damages is denied.”

In re Est. of Hollingsworth, 567 N.E.2d 1322 (Ohio Ct. App. 12th Dist. 1989). “23 and R.C. 2505.35 to appeals determined to be frivolous.”

City of Portsmouth v. Int'l Ass'n of Fire Fighters, Local 512, 744 N.E.2d 1263 (Ohio Ct. App. 4th Dist. 2000). · cites it 5× “Therefore, we deny the request of the International Association of Fire Fighters, Local 512 (“the Union”) to assess attorney fees against Portsmouth pursuant to R.C. 2505.35. We affirm the judgment of the trial court.”

Strauch v. Gross, 462 N.E.2d 433 (Ohio Ct. App. 10th Dist. 1983). · cites it 7× “See R.C. 2505.35. Defendant, as appellee, has filed a motion for reasonable expenses and submitted an affidavit indicating that at least $635 in attorney fees have been incurred in connection with this appeal, to which plaintiff has filed no response.”

Soc'y Bank, N.A. v. Cazeault, 613 N.E.2d 1103 (Ohio Ct. App. 10th Dist. 1993). · cites it 4× “The circumstances were clear, and the evidence construed most strongly in favor of Society Bank permitted only a conclusion that Society Bank had failed to comply with the notice requirements of R.C. 1309.47(C) as to the place where the sale would occur.”

Kelley v. Kelley, 2020-Ohio-6778. “23) and under R.C. 2505.35 if ‘just cause’ can be shown.”

Kent v. Cent. Benefits Mut. Ins. Co., 586 N.E.2d 207 (Ohio Ct. App. 10th Dist. 1990). · cites it 3× “Although plaintiffs have either file a motion for attorney fees nor presented evidence to that effect, R.C. 2505.35 provides that an appellate court may assess costs, additional interest or damages if the court finds no reasonable cause for the appeal.”

Johnson v. Lawrence, 152 N.E.2d 119 (Ohio Ct. App. 1957). · cites it 4× “This cause is submitted on the motion of appellee to dismiss the appeal on questions of law for the reason that appellants have failed to file their assignments of error, *263 briefs and bill of exceptions within the time prescribed by Rule VII, and to assess damages and counsel…”

State v. Willenbrink, 2020-Ohio-6715. “23 and without “reasonable cause” under R.C. 2505.35. But the court refrains from taxing costs and expenses against Willenbrink because he is indigent.”

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