Ohio Rev. Code » Chapter 2721
Ohio Revised Code

Ohio Rev. Code § 2721.16 (2026)

Award of attorney's fees

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Effective:
January 25, 2002
Latest Legislation:
House Bill 233 - 124th General Assembly
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(A)(1) A court of record shall not award attorney's fees to any party on a claim or proceeding for declaratory relief under this chapter unless any of the following applies:

(a) A section of the Revised Code explicitly authorizes a court of record to award attorney's fees on a claim for declaratory relief under this chapter.

(b) An award of attorney's fees is authorized by section 2323.51 of the Revised Code, by the Civil Rules, or by an award of punitive or exemplary damages against the party ordered to pay attorney's fees.

(c) Regardless of whether a claim for declaratory relief is granted under this chapter, a court of record awards attorney's fees to a fiduciary, beneficiary, or other interested party, the attorney's fees are to be paid out of trust property, estate property, or other property that is the subject of a fiduciary relationship and that is involved in that claim or proceeding for declaratory relief, and the attorney's fees are awarded in accordance with equitable principles that permit recovery of attorney's fees incurred for services that are beneficial to the trust or estate.

(2) References in another section of the Revised Code to an award of costs or expenses incurred in connection with an action or proceeding does not authorize an award of attorney's fees for purposes of division (A)(1) of this section.

(B) Consistent with section 2721.13 of the Revised Code, the provisions of this section are remedial in nature. Notwithstanding any provision of the Revised Code in existence on the day immediately prior to September 24, 1999, notwithstanding any judicial construction prior to September 24, 1999, of a statutory provision of that nature, notwithstanding the holding in any decision of a court of this state, other than a decision based on equitable principles described in division (A)(1)(c) of this section, that authorized an award of attorney's fees to a party to a civil action or proceeding based on common law grounds rather than a statutory authorization of the general assembly, regardless of the date upon which a cause of action accrued that pertains to an action or proceeding in which declaratory relief is sought under this chapter, and regardless of who is the plaintiff or the defendant in an action or proceeding in which declaratory relief is sought under this chapter, division (A) of this section shall apply in connection with both of the following:

(1) An action or proceeding that is commenced on or after September 24, 1999, and that seeks declaratory relief under this chapter;

(2) An action or proceeding that was commenced prior to September 24, 1999, that is pending in a court of record on that date, and that seeks declaratory relief under this chapter.
Notes of Decisions
Cited in 27 cases (9 in the last 5 years), 2001–2025 · leading case: Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003).
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Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003). · cites it 12× “09 subject to R.C. 2721.16. In pertinent part, R.C. 2721.”
Woodside Mgt. Co. v. Bruex, 2020-Ohio-4039, 157 N.E.3d 295. · cites it 6× “49 R.C. 2721.16 {¶139} The Bruex Parties first argue that R.”
Morgan Woods Homeowners' Assn. v. Wills, 2012-Ohio-233. · cites it 4× “On appeal, the defendant argued that the trial court erred in granting attorney fees to the Association on the basis that attorney fees are precluded pursuant to R.C. §2721.16 because declaratory relief was sought.”
Robson v. Disc. Drug Mart, Inc., 2023-Ohio-3291, 224 N.E.3d 678. · cites it 4× ““R.C. 2721.16 * * * prohibits an award of attorney fees on a claim for declaratory judgment unless the Revised Code explicitly authorizes such an award.”
Westfield Companies v. O.K.L. Can Line, 804 N.E.2d 45 (Ohio Ct. App. 1st Dist. 2003). · cites it 2× “R.C. 2721.16 specifically prohibits the award of attorney fees on a claim for declaratory relief unless another source of law explicitly provides for the award.”
Sturt v. Grange Mut. Cas. Co., 761 N.E.2d 1108 (Ohio Ct. App. 6th Dist. 2001). · cites it 6× “” In its answer, the Sturts raised the following assignments of error on cross-appeal: “The trial court erred in permitting R.C. 2721.16 to be retroactively applied in violation of Art.”
MacDonald v. Webb Ins. Agency, Inc., 2015-Ohio-4623. · cites it 7× “In doing so, the trial court found that (1) the MacDonalds lacked actual damages because the damage to their home was fully covered under the terms of their insurance policy; (2) their alleged damages were purely economic and therefore barred by the economic loss rule; and (3)…”
McAfee, Inc. v. Agilysys, Inc., 316 S.W.3d 820 (Tex. App.—Dallas 2010). “See Ohio Rev.Code Ann. § 2721.16(A)(1)(a). Under the Texas Declaratory Judgments Act, “the court may award costs and reasonable and necessary attorney’s fees as are equitable and just.”
ACMAT Corp. v. Greater New York Mut. Ins., 923 A.2d 697 (Conn. 2007). “2d 45 (2003) (trial court properly awarded attorney’s fees to policyholder pursuant to declaratory judgment statute, Ohio Rev. Code Ann. § 2721.16 , which allows award of attorney’s fees if otherwise authorized by statute or if litigation is frivolous, because of insurer’s…”
Est. of Stepien v. Robinson, 2013-Ohio-4306. “R.C. 2721.16(A)(1)(b). {¶31} R.C. 2323.51(A)(2) defines “frivolous conduct” as: {¶32} (a) Conduct of [a] party to a civil action* * * that satisfies any of the following: {¶33} (i) It obviously serves merely to harass or maliciously injure another party to the civil action or…”
Capital City Cmty. Urban Redevelopment Corp. v. Columbus, 2016-Ohio-8266. · cites it 2× “09, which states: 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.”
Polaris Owners Assn., Inc. v. Solomon Oil Co., 2015-Ohio-4948, 50 N.E.3d 983. · cites it 2× “On appeal, the defendant argued that the trial court erred in granting attorney fees to the Association on the basis that attorney fees are precluded pursuant to R.C. § 2721.16 because declaratory relief was sought.”
Show all 27 citing cases →
Ohio Rev. Code § 2721.16(A): 3 cases
Woodside Mgt. Co. v. Bruex, 2020-Ohio-4039, 157 N.E.3d 295. “49 R.C. 2721.16 {¶139} The Bruex Parties first argue that R.”
State ex rel. Internatl. Assn. of Fire Fighters v. Barbish, 2024-Ohio-3148, 251 N.E.3d 700.
Wingate Farms Owners Assn. v. Sankarappa, 2011-Ohio-6922.
Ohio Rev. Code § 2721.16(A)(1): 2 cases
MacDonald v. Webb Ins. Agency, Inc., 2015-Ohio-4623. “In doing so, the trial court found that (1) the MacDonalds lacked actual damages because the damage to their home was fully covered under the terms of their insurance policy; (2) their alleged damages were purely economic and therefore barred by the economic loss rule; and (3)…”
United Dairy Farmers, Inc. v. Value Dev. Corp., 2023-Ohio-4232, 229 N.E.3d 717.
Ohio Rev. Code § 2721.16(A)(1)(a): 4 cases
McAfee, Inc. v. Agilysys, Inc., 316 S.W.3d 820 (Tex. App.—Dallas 2010). “See Ohio Rev.Code Ann. § 2721.16(A)(1)(a). Under the Texas Declaratory Judgments Act, “the court may award costs and reasonable and necessary attorney’s fees as are equitable and just.”
Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003). “09 subject to R.C. 2721.16. In pertinent part, R.C. 2721.”
Tomblin v. Geico Choice Ins. Co., No. 1:21-cv-01741 (N.D. Ohio Dec. 6, 2021).
Tomblin v. Geico Choice Ins. Co., No. 1:21-cv-01741 (N.D. Ohio Dec. 6, 2021).
Ohio Rev. Code § 2721.16(A)(1)(b): 3 cases
Est. of Stepien v. Robinson, 2013-Ohio-4306. “R.C. 2721.16(A)(1)(b). {¶31} R.C. 2323.51(A)(2) defines “frivolous conduct” as: {¶32} (a) Conduct of [a] party to a civil action* * * that satisfies any of the following: {¶33} (i) It obviously serves merely to harass or maliciously injure another party to the civil action or…”
Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003). “09 subject to R.C. 2721.16. In pertinent part, R.C. 2721.”
Indiana Ins. v. Forsmark, 826 N.E.2d 915 (Ohio Ct. App. 9th Dist. 2005).
Ohio Rev. Code § 2721.16(B): 1 case
Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003). “09 subject to R.C. 2721.16. In pertinent part, R.C. 2721.”
Ohio Rev. Code § 2721.16(B)(2): 1 case
Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 10th Dist. 2003). “09 subject to R.C. 2721.16. In pertinent part, R.C. 2721.”
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