In Corbin v. Kelly Planting Co., the Court of Appeals of Ohio, 8th District considered an appeal from a plaintiff-appellant for issuance of a statutorily authorized award of attorney's fees. While in court-annexed arbitration, the appellant neither presented the issue of attorney's fees to the arbitral panel, not preserved the issue for the trial court to decide. After the arbitral award was confirmed by the court, the appellant motioned the court for the fees. Appellant pursued the sought-after attorney's fees in the intermediate appellate court. As a matter of first impression, the Court identified a strikingly similar case decided by the Illinois Supreme Court, and adopted the holding and reasoning nearly verbatim.
Nick Fox, Ohio Appellate Court Holds that Statutorily Authorized Awards of Attorney's Fees are Properly Decided by Arbitrators, 3 304 (2011).