Springfield Venture, LLC v. U.S. Bank, N.A., 2015 Ohio 1983 (2nd Dist.)
N/AOUTCOME: Judgment Affirmed
In this case, defendant-appellant, U.S. Bank National Association appealed from a summary judgment and award of attorney fees rendered in favor of plaintiff-appellee, Springfield Venture, LLC. In suppo ... rt of its appeal, U.S. Bank contended that the trial court erred in concluding that its claim for attorney fees incurred in a prior action involving the same parties was barred by waiver and/or res judicata. U.S. Bank also contended that the trial court erred in alternatively concluding that the bank's claim for attorney fees was not supported by the contractual language of its note and/or mortgage. Finally, U.S. Bank contended that the trial court erred in adopting the magistrate's decision, which granted attorney fees and costs to Venture in connection with the current action. The appellate court concluded that the trial court erred in rendering summary judgment in Venture's favor on the grounds of res judicata, but did not err in rendering summary judgment in Venture's favor under the wavier doctrine. U.S. Bank voluntarily relinquished a known right in the prior action, and waiver may be enforced by the entity--in this case, Venture -- who had a duty to perform and who changed its position as a result of the waiver. In view of the waiver, issues concerning the contractual language in the note and mortgage were moot. The appellate court further concluded that the trial court did not err in granting attorney fees to Venture, as U.S. Bank failed to file a transcript of the hearing before the magistrate, and the court could not conclude, without the transcript, that the trial court abused its discretion in awarding fees to Venture. Accordingly, the judgment of the trial court was affirmed.
