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RUSSELL v. SMITH

No. 92AP-115.

81 Ohio App.3d 784 (1992)

RUSSELL, Appellee, v. SMITH, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided July 16, 1992.

Attorney(s) appearing for the Case

DeLibera, Lyons, Moore & Colley and John A. Yaklevich, for appellee.

Abroms, Weisz, Everson & Zacks and J. Harris Leshner, for appellant.

PEGGY BRYANT, Judge.

Defendant-appellant, Roy Smith, appeals from a judgment of the Franklin County Municipal Court granting judgment to plaintiff-appellee, Edward L. Russell, Jr., in the amount of $8,499.33, $7,113.33 of which is an award of attorney fees. Defendant's single assignment of error states:

"It was an abuse of discretion and contrary to law for the trial court to award attorney fees to the appellee absent statutory authority or a showing that...

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