Motorists Mutual Insurance v. Brandenburg

As I believe that the majority is incorrect in its interpretation that R.C. 2721.09 is “statutory authority” for awarding attorney fees and there exists no other ground for allowing these fees here, I respectfully dissent.

I

R.C. 2721.09 provides, “[wjhenever necessary or proper, further relief based on a declaratory judgment or decree previously granted may be given. * * *” (Emphasis added.) The “further relief’ in this and similar declaratory judgment statutes from other states allows a court to grant consequential or incidental relief such as a money judgment, injunction, specific…