RISTON v. BUTLER

No. C-010572.

149 Ohio App.3d 390 (2002)

2002-Ohio-2308

RISTON et al. v. BUTLER et al.; Menke et al., Appellees.

Court of Appeals of Ohio, First District, Hamilton County.

Decided May 10, 2002.


Attorney(s) appearing for the Case

Eli Namanworth, for appellee Joseph Menke.

Goodman & Goodman and Donald P. Morrisroe, for appellees Lionel Socol and Colman Hanish Realty.

Wolterman & Dusing, Jeffrey Mando, Jennifer L. Langen and Adams Stepner, for appellants Louis Raimond, Edward A. Miller, and Peirce, Raimond, Osterhout, Wade, Carlson & Coulter, P.C., now known as Peirce, Raimond & Coulter, P.C.


MARK P. PAINTER, Presiding Judge.

{¶ 1} In this case we are asked to decide whether, based on the information then possessed by an attorney and a law firm, the filing of a lawsuit constituted, as a matter of law, either a willful violation of Civ.R. 11 or frivolous conduct under R.C. 2323.51. We conclude that under the circumstances of this case, it was neither and reverse the judgment of the trial court.

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