State ex rel. Gravill v. Fuerst

The issue is whether the court of appeals abused its discretion in limiting the attorney fees awarded to a prevailing party in a mandamus action to the costs assessed against respondents therein.

Appellant argues that he was entitled to costs as the prevailing party under Civ. R. 54(D) independent of the receipt of attorney fees. Additionally, appellant emphasizes that his action was brought on behalf of other unnamed litigants entitled to recover interest on their costs which was the substance of the mandamus action.

Civ. R. 54(D) states that “[e]xcept when express provision therefor is made…