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STATE EX REL. OH. DEPT. OF HEALTH v. SOWALD

No. 90-2071.

65 Ohio St.3d 338 (1992)

THE STATE EX REL. OHIO DEPARTMENT OF HEALTH, APPELLANT, v. SOWALD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Lee I. Fisher, Attorney General, and Lawrence D. Pratt, Assistant Attorney General, for appellant.

Lee I. Fisher, Attorney General, and Barbara A. Serve, Assistant Attorney General, for appellee Sowald.

Roth & Rolf Co., L.P.A., Sheila P. Cooley and Ruthanne Murray, for appellee Albert's Nursing and Residential Facility, Inc.

Per Curiam.

A. Attorney Fees Under R.C. 119.092

R.C. 119.092 provides in part:

"(B)(1) Except as provided in divisions (B)(2) and (F) of this section, if an agency conducts an adjudication hearing under this chapter, the prevailing eligible party is entitled, upon filing a motion in accordance with this division, to compensation for fees incurred by that party in connection with the hearing. * * *

"(2) Upon the filing of a motion under...

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