State ex rel. Murphy v. Industrial Commission

The State, ex rel. Murphy v. Industrial Commission of Ohio

State ex rel. Murphy v. Indus. Comm'n, 401 N.E.2d 923 (Ohio 1980)

Court: Ohio Supreme Court · State Highest Courts
Decided: March 19, 1980
Docket: No. 79-1197
Judges: Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
Citations: 401 N.E.2d 92361 Ohio St. 2d 31215 Ohio Op. 3d 3861980 Ohio LEXIS 661

Cited by 9

Opinion of the Court

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Per Curiam.

It is well established that the general rule in Ohio is that attorney fees are not recoverable as part of the costs of litigation in the absence of statutory authorization. See Sorin v. Bd. of Edn. (1976), 46 Ohio St. 2d 177 . Appellant alleges that he is authorized to recover attorney’s fees by R. C. 4123.519 and 2731.11. Neither statute is applicable, however. R. C. 4123.519 authorizes the recovery of attorney’s fees in an appeal from the decision of the Industrial Commission. R. C. 2731.11 authorizes a court to award damages in a mandamus action. Appellant’s attorney’s fees are not recoverable as damages. See State, ex rel. Grosser, v. Boy (1976), 46 Ohio St. 2d 184 .

Appellant alleges further that he is entitled to recover his attorney’s fees for the mandamus action because it was necessitated by the commission’s “bad faith, vexatious, wanton, obdurate or oppressive” actions. We hold, however, that appellant has not borne his burden of proof to establish any improper action by the commission. Thus, we do not decide whether such actions, if proven, would entitle one to recover attorney’s fees.

Accordingly, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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Cited by 9 cases

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Relies on it most ⓘ

State ex rel. Chapnick v. East Cleveland City School District Board of Education755 N.E.2d 883 (Ohio 2001)
State ex rel. Chapnick v. E. Cleveland City School Dist. Bd. of Edn.2001 Ohio 1585
Hess Construction Co. v. Board of Education669 A.2d 1352 (Md. 1996)
State ex rel. Gerchak v. Tablack690 N.E.2d 93 (Ohio Ct. App. 1997) · Concurrence
State ex rel. Crumbley v. City of Cleveland923 N.E.2d 200 (Ohio Ct. App. 2009)
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion)2020 Ohio 4865, 167 N.E.3d 934

Most recent

State ex rel. Internatl. Assn. of Fire Fighters v. Barbish2024 Ohio 3148, 251 N.E.3d 700
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion)2020 Ohio 4865, 167 N.E.3d 934
State ex rel. Crumbley v. City of Cleveland923 N.E.2d 200 (Ohio Ct. App. 2009)
State ex rel. Chapnick v. East Cleveland City School District Board of Education755 N.E.2d 883 (Ohio 2001)
State ex rel. Chapnick v. E. Cleveland City School Dist. Bd. of Edn.2001 Ohio 1585
State ex rel. Gerchak v. Tablack690 N.E.2d 93 (Ohio Ct. App. 1997) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Sorin v. Bd. of Educ., 347 N.E.2d 527 (Ohio 1976)	214
	State ex rel. Grosser v. Boy, 347 N.E.2d 539 (Ohio 1976)	36

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