Sturm v. Sturm

The sole issue raised by the parties is whether, after Cook voluntarily dismissed her Cuyahoga County divorce action under Civ.R. 41(A)(1)(a) and refiled the action in Ashtabula County, the original trial court retained jurisdiction to determine that Cook’s dismissal constituted frivolous conduct for the purposes of awarding attorney fees pursuant to R.C. 2323.51.

Sturm argues that the original trial court statutorily retained jurisdiction to award attorney fees within twenty-one days after final judgment, and that the phrase “entry of judgment” as used in R.C. 2323.51 includes an entry of…