Victorious Breach-of-Trust Plaintiff Allowed Evidentiary Hearing on How Attorney/Expert Fees Apportioned Between Parties

Jakubs v. Borally, 8th Dist. Case No. 101756, 2015-Ohio-2696. Despite the plaintiff requesting attorney/expert fees and costs at trial, the trial court denied awarding either to the plaintiff after ruling in the plaintiff's favor in the breach-of-trust claim. The appellate court determined that R.C. § 5810.01(B)(10) authorized the trial court to order "any other appropriate relief" for a breach of trust. Because the request for fees was made at trial, the appellate court held that the trial court should have engaged in a meaningful review of whether such an award was warranted and would be fair and equitable in the matter. Accordingly, the appellate court reversed the trial court's decision and remanded the matter back to the trial court with an order to conduct an evidentiary hearing to determine whether such an award was warranted.