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Sturt v. Grange Mutual Casualty Co.8/3/2001
action. Since only the prevailing party is entitled to recover attorney fees, the Sturts had no such entitlement at that time because they had not yet prevailed. Thus, R.C. 2721.16 is not being applied unconstitutionally to the Sturts. The first assignment of error of the cross-appeal is overruled.
Next, the Sturts claim that they should recover attorney fees incurred prior to the effective date of the statute. There is no authority for doing such a thing. At the time that the Sturts actually prevailed in the matter, the statute prohibiting recovery of any attorney fees for declaratory judgment was already in effect. As discussed above, the right to recover attorney fees had not vested prior to February 1, 2000. Thus, no recovery of attorney fees is permitted by the statute. The second assignment of error of the cross-appeal is overruled.
The judgment of the Court of Common Pleas of Lucas County is affirmed.
Judgment affirmed.
WALTERS, P.J., and HADLEY, J., concur.
(WALTERS, P.J., HADLEY and BRYANT, JJ., of the Third Appellate District, sitting by assignment in the Sixth Appellate District.)
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