State ex rel. Murphy v. Industrial Commission

Ohio Supreme Court

State ex rel. Murphy v. Industrial Commission

401 N.E.2d 923, 61 Ohio St. 2d 312, 15 Ohio Op. 3d 386, 1980 Ohio LEXIS 661

CourtOhio Supreme Court

DecidedMarch 19, 1980

DocketNo. 79-1197

StatusPublished

Cited by9 cases

This text of 401 N.E.2d 923 (State ex rel. Murphy v. Industrial Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Murphy v. Industrial Commission, 401 N.E.2d 923, 61 Ohio St. 2d 312, 15 Ohio Op. 3d 386, 1980 Ohio LEXIS 661 (Ohio 1980).

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Opinion

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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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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401 N.E.2d 923, 61 Ohio St. 2d 312, 15 Ohio Op. 3d 386, 1980 Ohio LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-murphy-v-industrial-commission-ohio-1980.

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