FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Wednesday, October 29, 2025

CAPTION: DORNETTE V. REDKNOT HOLDINGS, LLC

APPEAL NO.: C-240689 

TRIAL NO.: 24/CV/06262

KEY WORDS: SUMMARY JUDGMENT — REPLEVIN — BREACH OF SETTLEMENT AGREEMENT — ATTORNEY’S FEES — COMPENSATORY DAMAGES

SUMMARY: In plaintiff’s replevin action arising out of a construction contract with defendant, the trial court did not err by denying plaintiff’s motion for summary judgment and granting summary judgment in defendant’s favor where the parties had entered into a previous settlement agreement releasing each other from future claims related to the construction contract.

The trial court’s decision to grant defendant’s request for attorney’s fees on its counterclaim for breach of the settlement agreement was not contrary to law where Ohio courts, the Northern District of Ohio, and the Sixth Circuit have all held that a party’s expenditure on attorney’s fees due to a breach of a settlement agreement is recoverable as compensatory damages.

JUDGMENT: AFFIRMED 

JUDGES: OPINION by MOORE, J.; ZAYAS P.J., and CROUSE, J., CONCUR.