Cruz v. English Nanny & Governess School
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The Supreme Court reversed the judgment of the court of appeals concluding that prevailing parties who were awarded reasonable attorney fees and punitive damages in a tort case involving malicious conduct may not also recover the attorney fees that they incur in successfully defending their judgment, holding that the court of appeals erred.
The trial court awarded the prevailing parties attorney fees and expenses, but the court of appeals reversed the trial court's decision regarding attorney fees. On remand, the prevailing parties moved to modify their motion for attorney fees to include a request for "fees incurred in appellate litigation." The court of appeals reversed the portion of the award of attorney fees for appellate work, concluding that Ohio law does not permit recovery of attorney fees incurred at the appellate level except when a remedial statute so provides. The Supreme Court reversed, holding that when parties are awarded punitive damages at trial, they may also recover reasonable attorney fees that they incur successfully defending their judgments on appeal.
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