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Kozar v. Bio-Medical Applications of Ohio

9/22/2004

it County Court of Common Pleas is reversed in part, and otherwise affirmed as it relates to Civ.R. 11. Pursuant to App.R. 12(B), we enter judgment awarding attorney fees to Ohio Edison in the amount of $12,683.15.


Judgment accordingly.


The Court finds that there were reasonable grounds for this appeal.


We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.


Costs taxed to both parties equally.


Exceptions.


WILLIAM G. BATCHELDER


WHITMORE, J. CONCURS


CARR, P. J. CONCURS IN PART, SAYING:


{ } Although I concur with the majority's analysis, I would remand the matter to the trial court for an award of attorney fees.




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