Stern v. Whitlatch & Co.

Baird, Judge.

This cause comes before the court upon the appeal of Curt and Hildegard Stem from a judgment in the Summit County Court of Common Pleas granting a motion to dismiss filed by appellees, Whitlatch & Company and William Whit-latch, and awarding attorney fees to the appellees. We affirm the trial court’s granting of the motion to dismiss, but reverse the trial court’s awarding of attorney fees.

Litigation between the parties began in March 1990 when Whitlatch & Co. filed a breach of contract action against the Sterns. This action sought $3,000 held in escrow by the Sterns, pending…