Legal Opinion

Keal v. Day

Ohio Court of Appeals

Decided October 21, 2005No. C-050107PublishedCited by 21 opinions

1Opinion of the Court

Gorman, Presiding Judge.

{¶ 1} Plaintiff-appellant, John Keal, appeals from the trial court’s order overruling his motion to award attorney fees against defendant-appellee, Robert Day, pursuant to a clause in their commercial lease. In his single assignment of error, Keal contends that he was the “prevailing party” in Day’s forcible-entry-anddetainer action, as the trial court declined to issue a writ of restitution. Because the parties entered into a settlement in which they agreed upon a new lease to accommodate their interests, the trial court correctly overruled their cross-motions for…

2Cases cited10 opinions

  1. Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1978
  2. Hybud Equipment Corp. v. Sphere Drake InsuranceOhio Supreme Court · 1992
  3. Nottingdale Homeowners' Ass'n v. DarbyOhio Supreme Court · 1987
  4. Sorin v. Board of EducationOhio Supreme Court · 1976
  5. Vance v. RoedersheimerOhio Supreme Court · 1992

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. NetJets Aviation, Inc. v. LHC COMMUNICATIONS, LLCCourt of Appeals for the Second Circuit · 2008
  2. Stonehenge Land Co. v. Beazer Homes Investments, L.L.C.Ohio Court of Appeals · 2008
  3. United States Fire Ins. v. Am. Bonding Co., Inc.Ohio Court of Appeals · 2016
  4. Eagle Realty Invests., Inc. v. DumonOhio Court of Appeals · 2022
  5. SST Bearing Corp. v. Twin City Fan Cos., Ltd.Ohio Court of Appeals · 2012

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