153 Ohio App. 3d 337 - Hess v. Riedel-Hess’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[f]urther, it has been held that, even if a spouse is financially able to pay attorney fees, the court may award attorney fees if the other spouse used tactics that prolonged the litigation. See Pournaras v. Pournaras (June 26, 1986), Cuyahoga App. No. 50782, 1986 WL 7297 ; Matyas v. Matyas (Jan. 17, 1985), Cuyahoga App. No. 48645, 1985 WL 7444 . Although these cases were decided before R.C. 3105.18 (H) was in effect, the cases are not contrary to R.C. 3105.18 (H) because, when unnecessary attorney fees are incurred due to the conduct of the other spouse, the spouse is `prevented from adequately protecting her interests.' Fraiberg v. Fraiberg (Dec. 3, 1998), Cuyahoga App. No. 73321, 1998 WL 842077 . Further, we have before held that an award of attorney fees may be predicated upon one party intentionally causing the other party to incur unnecessary, substantial fees. See Trott, supra, citing Kelly-Doley v. Doley (Mar. 12, 1999), Lake App. No. 96-L-217, 1999 WL 262165 ; see, also, Cimperman v. Cimperman, Cuyahoga App. No. 80807, 2003-Ohio-869 , 2003 WL 547814 .”

   2 later decisions quote this exact passage
   e.g. Tonti v. Tonti, Unpublished Decision (5-18-2004) · O'Brien v. O'brien, Unpublished Decision (11-2-2004)

2. “Appellate courts generally review the overall appropriateness of the trial court's property division in divorce proceedings under an abuse of discretion standard. * * * Furthermore, a trial court's property division should be viewed as a whole in determining whether it has achieved an equitable and fair division. The trier of fact, as opposed to the appellate court, is in a far better position to weigh the credibility of witnesses.”

   1 later decision quote this exact passage
   e.g. Temple v. Temple, Unpublished Decision (1-13-2005)

3. “NADA guidelines in print form and on the Internet are highly reliable and used widely by the general public. Further, a review of the record reveals that appel-lee testified that she recognized that the NADA guidelines submitted as evidence as the same values she had calculated herself on NADAguides.com. Appellee’s testimony was sufficient to support a finding that the exhibit was what its proponent claimed it to be.”

   1 later decision quote this exact passage
   e.g. Green Tree Servicing LLC v. Neal