Patrick v. Ressler

In Patrick v. Ressler, Franklin App. No. 04AP-149, 2005 Ohio 4971, at P43-51, the Court had the opportunity to address an attorney fees provision for a contract of indebtedness where the contract was entered into before the statute was enacted. The Court found that under Ohio law, "attorney fees are in the nature of costs, and statutes relating to costs are remedial." State ex rel. Beacon Journal Pub. Co. v. Ohio Dept. of Health (1990), 51 Ohio St.3d 1, 3, 553 N.E.2d 1345 (holding that statute authorizing attorney fees to litigants successfully suing to obtain public information did not violate constitutional provision against retroactive legislation). See, also, Flory v. Cripps (1937), 132 Ohio St. 487, 493, 9 N.E.2d 500 (amended statute allowing for payment of reasonable attorney fees in connection with sale of realty, subsequent to execution of mortgage, did not result in impairment of contract; "this is a remedial provision and the statute in force at the time of the rendition of the judgment is controlling").