Independent Taxicab Assn. of Columbus v. Abate, 08ap-44 (8-12-2008)

OPINION

{¶ 1} Defendant-appellant, Taye Abate, appeals from a judgment of the Franklin County Court of Common Pleas denying his motion for attorney fees and expenses pursuant to R.C. 2323.51. Defendant assigns a single error:

The Trial Court erred as a matter of law and committed an abuse of discretion when it failed to hold a hearing on Appellant's motion for fees under Section 2323.51, Ohio Revised Code when the motion on its face clearly met the legal standard of "arguable merit."

Because the trial court did not abuse its discretion in denying without a hearing defendant's motion for relief…