State ex rel. Beacon Journal Publishing Co. v. Ohio Department of Health

The only question before us is whether the court of appeals erred in denying appellant and cross-appellee Beacon Journal its attorney fees incurred in obtaining the writ of mandamus ordering release of the Dee Maret reports. We hold that the court of appeals correctly applied the criteria for awarding attorney fees set out in State, ex rel. Fox, v. Cuyahoga Cty. Hosp. System (1988), 39 Ohio St. 3d 108, 529 N.E. 2d 443. Therefore, we affirm the court of appeals’ denial of attorney fees.

R.C. 149.43(B) provides in pertinent part: “All public records shall be promptly prepared and made available…