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H. B. No. 233As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Womer Benjamin, Willamowski, Latta, Seitz, Manning, Salerno, Young
SENATORS Austria, Blessing
A BILL
To amend section 2721.16 of the Revised Code to
exclude from the prohibition against awarding
attorney's fees in declaratory relief claims the
award of attorney's fees to a fiduciary,
beneficiary, or other interested party to be paid
out of trust or estate property in accordance with
equitable principles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2721.16 of the Revised Code be
amended to read as follows:
Sec. 2721.16. (A)(1) A
court of record shall not award
attorney's fees to
any party on a claim
or proceeding for
declaratory relief
under this chapter unless
a
any of the
following applies: (a) A section of the Revised Code explicitly authorizes
a
court of record to award attorney's fees
on a claim for
declaratory relief
under this chapter
or unless an. (b) An award of attorney's fees is authorized by
section
2323.51 of the Revised Code, by the Civil Rules, or by an award of
punitive or exemplary damages against the party ordered to pay
attorney's
fees.
References (c) Regardless of whether a claim for declaratory relief is
granted under this chapter, a court of record awards
attorney's
fees to a fiduciary, beneficiary, or other interested
party, the
attorney's fees are to be paid out of trust property,
estate
property, or other property that is the subject of a
fiduciary
relationship and that is involved in that claim or proceeding for
declaratory relief, and the attorney's fees are awarded in
accordance with equitable principles that permit recovery of
attorney's fees incurred for services that are beneficial to the
trust or estate. (2) References in another section of the Revised
Code to an
award of costs or expenses incurred in connection with an action
or
proceeding does not authorize an award of attorney's fees for
purposes of
this division
(A)(1) of this section. (B) Consistent with section 2721.13 of the Revised
Code, the
provisions of this
section are remedial in nature.
Notwithstanding
any provision of the Revised Code in existence on
the day
immediately prior to
the effective date of this section
September
24, 1999,
notwithstanding any judicial construction
prior to
the
effective
date of this section
September
24, 1999, of
a
statutory
provision of that
nature, notwithstanding the holding
in any
decision
of a court of this state, other than a decision
based on
equitable principles described in division (A)(1)(c) of
this
section, that authorized an award of attorney's
fees to a
party to
a civil action or proceeding based on common
law grounds
rather
than a statutory authorization of the general
assembly,
regardless
of the date upon which a cause
of action accrued that
pertains to
an action or proceeding in
which declaratory relief is
sought
under this chapter, and
regardless of who is the plaintiff
or the
defendant in an action
or proceeding in which declaratory
relief
is sought under this
chapter, division (A) of this section
shall
apply
in connection with both of the following: (1) An action or proceeding that is commenced on or
after
the effective date of this section
September
24, 1999, and that
seeks
declaratory relief under this chapter; (2) An action or proceeding that was commenced prior to
the
effective date of this section
September
24,
1999, that is pending
in a court
of record on that date, and that seeks declaratory
relief under
this chapter.
Section 2. That existing section 2721.16 of the Revised Code
is hereby repealed.
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