City of Portsmouth v. International Ass'n of Fire Fighters, Local 512

I respectfully dissent regarding the Union’s request for attorney fees. An award of attorney fees pursuant to R.C. 2505.35 does not require a determination that the appeal is frivolous but only that it is without just cause. Society Bank, N.A. v. Cazeault (1993), 83 Ohio App.3d 84, 88, 613 N.E.2d 1103, 1106; Fairview Gen. Hosp. v. Fletcher (1990), 69 Ohio App.3d 827, 836, 591 N.E.2d 1312, 1317-1318; compare App.R. 23. Upon request of the appellee, particularly when we are unable to determine that the appeal is frivolous but the appellant failed to demonstrate just cause or reasonable grounds…