State ex rel. Grosser v. Boy
| Decision Date | 12 May 1976 |
| Docket Number | No. 75-1019,75-1019 |
| Citation | 75 O.O.2d 228,347 N.E.2d 539,46 Ohio St.2d 184 |
| Parties | , 75 O.O.2d 228 The STATE ex rel. GROSSER et al., Appellants, v. BOY et al., Appellees. |
| Court | Ohio Supreme Court |
The facts leading to the present controversy are stated in State ex rel. Grosser v. Boy (1975), 42 Ohio St.2d 498, 330 N.E.2d 442, 1975, allowed a writ of mandamus sought by appellants, requiring appellee Superintendent of the Strongsville Board of Education to permit appellants to inspect and obtain copies of certain high school records pursuant to R.C. 149.43. In that case, this court reversed the decision of the Court of Appeals and awarded appellants their costs expended in this court.
On August 20, 1975, appellants, pursuant to R.C. 2731.11, filed a motion in the Court of Appeals for an order awarding them their costs and expenses, including reasonable attorney fees, as prayed for in the original complaint in mandamus.
That motion was overruled, and appellants appeal to this court as a matter of right.
Cain & Lobo and Arthur L. Cain, Cleveland, for appellants.
Squire, Sanders & Dempsey and Eben G. Crawford, Cleveland, for appellees.
R.C. 2731.11 provides, in part, as follows:
'If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may recover the damages which he has sustained, to be ascertained by the court or a jury * * * as in a civil action, and costs. * * *'
Appellants recognize the general rule in Ohio that 'in the absence of a statutory provision making attorney fees a part of costs, such fees cannot be so taxed' (State ex rel. Michaels v. Morse (1956), 165 Ohio St. 599, 607, 138 N.E.2d 660, 666), and it is evident that R.C. 2731.11 does not expressly provide for the recovery of attorney fees. See Sorin v. Bd. of Edn. (1976), 46 Ohio St.2d 177, 347 N.E.2d 527.
Nevertheless, appellants argue that the 'public benefit' conferred by their successful mandamus action, and the term 'Damages' in R.C. 2731.11, support the necessity of the award of attorney fees herein. However, this cause neither meets the situation set forth in State ex rel. White v. Cleveland (1973) 34 Ohio St.2d 37, 295 N.E.2d 665, wherein the bestowal of a public benefit concomitant with a statutory authorization for attorney fees was held sufficient to demand consideration of allowance of those fees, nor is the 'bad faith, vexatious, wanton, obdurate or oppressive conduct exception' to the 'American rule' that attorney fees are not...
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