CHRISTE v. GMS MGT. CO, 86 Ohio St.3d 1417 (1999)


711 N.E.2d 1012

Christe v. GMS Mgt. Co.

No. 99-926.Supreme Court of Ohio.
June 30, 1999.

Summit App. No. 18992.

On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Journal Entry filed April 26,

Page 1418

1999:

“Under R.C. Chapter 5321, shall attorneys’ fees be assessed as costs or awarded as damages?”

The conflict case is Breault v. Williamsburg (Nov. 21, 1986), Lucas App. No. L-86-116, unreported, 1986 WL 13169.

Sua sponte, cause consolidated with 99-450, infra.

F.E. SWEENEY and PFEIFER, JJ., dissent.

RESNICK, J., not participating.