Subject to section 2721.16 of the Revised Code, whenever necessary or proper, a court of record may grant further relief based on a declaratory judgment or decree previously granted under this chapter. The application for the further relief shall be by a complaint filed in a court of record with jurisdiction to grant the further relief. If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why the further relief should not be granted forthwith.
Motorists Mut. Ins. v. Brandenburg, 648 N.E.2d 488 (Ohio 1995). · cites it 18דThe court of appeals declined, however, to decide whether the Declaratory Judgment Act itself, and specifically R.C. 2721.09, is a proper vehicle to grant an insured attorney fees.”
McConnell v. Hunt Sports Enter., 725 N.E.2d 1193 (Ohio Ct. App. 1999). · cites it 16דfiled a motion for attorney fees, pursuant to R.C. 2721.09, on counts one and three of the second amended complaint and as damages for breach of contract.”
Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 2003). · cites it 15דIn *470 addition to declaratory and injunctive relief, plaintiffs requested “monetary damages for detrimental reliance in bidding, and lost profits,” costs and reasonable attorney fees pursuant to R.C. 2721.09, and “any further relief to which the Plaintiffs may be entitled.”
Landis v. Grange Mut. Ins., 695 N.E.2d 1140 (Ohio 1998). · cites it 5ד2d 488 , syllabus, this court stated that “a trial court has the authority under R.C. 2721.09 to assess attorney fees based on a declaratory judgment issued by the court.”
Robson v. Disc. Drug Mart, Inc., 2023 Ohio 3291 (Ohio Ct. App. 2023). · cites it 8דFormer R.C. 2721.09 permitted trial courts to award attorney fees to a prevailing party in a declaratory judgment action “[w]henever necessary or proper * * *.”
Wagner v. City of Cleveland, 574 N.E.2d 533 (Ohio Ct. App. 1988). · cites it 5דPlaintiffs argue since the common pleas court found the Cleveland Civil Service Commission acted in bad faith when it removed plaintiffs from the eligibility list, the common pleas court abused its discretion when it failed to award plaintiffs attorney fees.”
Jamestown Vill. Condo. Owners Ass'n v. Mkt. Media Rsch., Inc., 645 N.E.2d 1265 (Ohio Ct. App. 1994). · cites it 5ד(“MMR”) in this consolidated appeal asserts error in the trial court’s denial of further relief under the declaratory judgment statute (R.C. 2721.09), in the appointment of a receiver, in denying motions to transfer a subsequent case as a related case to the original trial…”
Westfield Companies v. O.K.L. Can Line, 804 N.E.2d 45 (Ohio Ct. App. 2003). · cites it 3ד” The Ohio Declaratory Judgment Act contains similar language in R.C. 2721.09, but the newly enacted R.C. 2721.”
Motorists Mut. Ins. Co. v. Brandenburg, 1995 Ohio 281 (Ohio 1995). · cites it 20ד] Civil procedure—Trial court has authority under R.C. 2721.09 to assess attorney fees based on a declaratory judgment issued by the court—Determination to grant or deny request for fees will not be disturbed, absent an abuse of discretion.”
Gray-Jones v. Jones, 738 N.E.2d 64 (Ohio Ct. App. 2000). · cites it 4דThe trial court awarded attorney fees to appellees under R.C. 2721.09 for their motion for partial summary judgment, which was a declaratory judgment action.”
Peltz v. City of South Euclid, 228 N.E.2d 320 (Ohio 1967). · cites it 4דFurthermore, pursuant to Section 2721.09, Revised Code, 4 the city of South Euclid is permanently enjoined from enforcing the ordinance to the extent of its constitutional infirmity.”
Stacy v. Nationwide Mut. Ins., 709 N.E.2d 519 (Ohio Ct. App. 1998). · cites it 3דHowever, R.C. 2721.09 provides in part: “Whenever necessary or proper, further relief based on a declaratory judgment or decree previously granted may be given.”
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