Haubeil & Sons Asphalt & Materials, Inc. v. Brewer & Brewer Sons, Inc.

This is an appeal from a Ross County Court of Common Pleas judgment granting appellee’s motion to impose a sanction against plaintiffs attorneys Adams and Rosenberg for violating Civ. R. 11 by filing a frivolous complaint. The court ordered Adams and Rosenberg to pay appellee $2,000 for attorney fees spent defending the complaint. Adams and Rosenberg appeal.

We reverse.

Assignment of Error I

“The trial court committed prejudicial error when it imposed Civil Rule 11 sanctions against appellants.

“A. Attorney fees may not be awarded for a violation of Civil Rule 11.

“B. The facts supported a…