Ohio State Chiropractic Assn. v. Ohio Bur. of Workers' Comp.
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OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. Ohio State Chiropractic Association et al., Appellants, v. Ohio Bureau of Workers' Compensation et al., Appellees. [Cite as Ohio State Chiropractic Assn. v. Ohio Bur. of Workers' Comp. (1995), Ohio St.3d . 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. (No. 94-1046 -- Submitted May 10, 1995 -- Decided July 12, 1995.) Appeal from the Court of Appeals for Franklin County, No. 93AP-866. Karr & Sherman Co., L.P.A., Keith M. Karr and Robert P. Sherman, for appellants. Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellees. The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488. Moyer, C.J., Douglas, Resnick and F.E. Sweeney, JJ., concur. Pfeifer, J., concurs in part and dissents in part. Wright and Cook, JJ., dissent. Pfeifer, J., concurring in part and dissenting in part. I concur that Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, controls this case. I dissent from the majority's decision to remand -- we should have found that attorney fees are inappropriate and ended the matter in this court. Wright, J., dissenting. For the reasons stated in Justice Cook's dissenting opinion in Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, which I joined, I respectfully dissent. Cook, J., concurs in the foreing dissenting opinion.
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