S & S Computer Systems, Inc. v. Peng

In S & S Computer Systems, Inc. v. Peng, 9th Dist. No. 20889, 2002 Ohio 2905, at P9, the Court held that "appellate review of a trial court's award of attorney's fees for frivolous conduct pursuant to R.C. 2323.51 is reviewed under the abuse of discretion standard, but the trial court's factual findings supporting a conclusion that frivolous conduct occurred will not be overturned if they are supported by competent, credible evidence." An abuse of discretion is more than an error of law or judgment, but rather, it is a finding that the court's attitude is unreasonable, arbitrary or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 5 Ohio B. 481, 450 N.E.2d 1140. Under this standard of review, an appellate court may not merely substitute its judgment for that of the trial court. Pons v. Ohio State Med. Bd. (1993), 66 Ohio St.3d 619, 621, 1993 Ohio 122, 614 N.E.2d 748.