McGinnis v. Donatelli

Appellant, Denise Donatelli, has assigned two errors for this court’s review:

“A. The trial court committed error in awarding attorney fees post-judgment, after failing to award attorney fees in its final judgment, which is contrary to statute and case law.

“B. The trial court awarded attorney fees where no wrongful withholding had been found.”

Both assignments are meritorious. On December 11, 1984, the previous tenants, plaintiffs-appellees, filed their complaint in the East Cleveland Municipal Court. Their prayer included a demand for the return of the security deposit, the amount wrongfully…