COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68274 ANN MARIE OGLETREE : : : PLAINTIFF-APPELLANT : JOURNAL ENTRY : v. : AND : GREGORY B. IVORY, SR. : OPINION : : DEFENDANT-APPELLEE : DATE OF ANNOUNCEMENT OF DECISION: NOVEMBER 22, 1995 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court, No. CV-263461. JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: Judith S. Hunt, Esq. 1025 Huntington Building 925 Euclid Avenue Cleveland, OH 44115-1405 For Defendant-Appellee: Greogry B. Ivory, Sr. 13124 Euclid Avenue East Cleveland, OH 44112 -2- DAVID T. MATIA, J.: Ann Marie Ogletree, plaintiff-appellant, appeals from the judgment of the Cuyahoga County Court of Common Pleas, Case No. CV- 263461, in which the trial court denied plaintiff-appellant's motion for attorney fees. Plaintiff-appellant assigns one error for this court's review. Plaintiff-appellant's appeal is not well taken. I. THE FACTS On July 28, 1991, Ann Marie Ogletree, plaintiff-appellant, entered into a contract with Gregory Ivory dba Home Improvement Company, defendant-appellee, for extensive home repair. Defendant- appellee allegedly received a substantial sum of money without completing the necessary work. In addition, the work which was completed was not done according to the City of Cleveland Building Code. Pursuant to the contract, the dispute between the parties proceeded to arbitration before the American Arbitration Association. Defendant-appellee failed to appear at the arbitration hearing. As a result, plaintiff-appellant was awarded judgment in the amount of $17,255 against defendant-appellee. The judgment was in full settlement of all claims submitted to arbitration. On December 29, 1994, plaintiff-appellant filed an application to confirm an arbitration award in the Cuyahoga County Court of Common Pleas. Defendant-appellee, although properly served with notice of the action, failed to enter any type of appearance or -3- attend any of the trial court proceedings. American States Insurance Company, defendant-appellee's bonding company, and the City of Cleveland became involved in the lower court proceedings, filing several pleadings respectively. On August 30, 1994, the trial court conducted a pretrial hearing at which time the trial court granted plaintiff-appellant's oral motion for default judgment against defendant-appellee. A default judgment hearing was scheduled for September 29, 1994 at 9:30 a.m. At the hearing the trial court entered judgment against defendant- appellee, who once again failed to appear, in the amount of $10,625. On September 29, 1994, plaintiff-appellant filed a motion for attorney fees against defendant-appellee in the amount of $3,037.50. Plaintiff-appellant's motion was filed pursuant to R.C. 2345.09(F). On November 15, 1994, the trial court denied plaintiff-appellant's motion for attorney fees. On December 15, 1994, plaintiff-appellant filed a timely notice of appeal from the judgment of the trial court. II. ASSIGNMENT OF ERROR Ann Marie Ogletree, plaintiff-appellant's sole assignment of error states: THE TRIAL JUDGE ERRED AND ABUSED HER DISCRETION BY FAILING TO AWARD PLAINTIFF ATTORNEY FEES. A. THE ISSUE RAISED: ATTORNEY FEES. Plaintiff-appellant argues, through her sole assignment of error, that the trial court erred in failing to award her -4- reasonable attorney fees. Specifically, plaintiff-appellant maintains that defendant-appellee's failure to appear or otherwise defend himself in this action resulted in numerous delays, unnecessary filings and hearings for which plaintiff- appellant was forced to incur a substantial amount in attorney fees. It is plaintiff-appellant's position that, pursuant to R.C. 1345.09(F), the trial court should have awarded reasonable attorney fees based upon defendant-appellee's failure to appear or otherwise defend this action. Plaintiff-appellant's first assignment of error is not well taken. B. STANDARD OF REVIEW. R.C. 1345.09(F) states: (F) The court may award to the prevailing party a reasonable attorney's fee limited to the work reasonably performed, if either of the following apply: (1) The consumer complaining of the act or practice that violated this chapter has brought or maintained an action that is groundless, and the consumer filed or maintained the action in bad faith. (2) The supplier has knowingly committed an act or practice that violates this chapter. An award of attorney fees pursuant to R.C. 1345.09 is made at the discretion of the trial court. Tanner v. Tom Harrigan Chrysler Plymouth, Inc. (1992), 82 Ohio App.3d 767, 769. An appellate court will not disturb the judgment of a trial court as to a discretionary matter absent a showing of an abuse of -5- discretion. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217. As stated by the Ohio Supreme Court in Blakemore: The term "abuse of discretion" was defined by this court in State v. Adams (1980), 62 Ohio St.2d 151, 157 [16 O.O.3d 169]: "The term 'abuse of discretion' connotes more than an error or law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable. Steiner v. Custer (1940), 137 Ohio St. 448 [19 O.O. 148]; Connor v. Connor (1959), 170 Ohio St. 85 [9 O.O.2d 480]; Chester Township v. Geauga Co. Budget Comm. (1976), 48 Ohio St.2d 372 [2 O.O.2d 248]." Id. at 219. Accordingly, the trial court's denial of plaintiff-appellant's motion for attorney fees will not be disturbed on appeal unless the decision of the trial court is unreasonable, arbitrary or unconscionable. C. THE TRIAL COURT DID NOT ABUSE ITS DISCRETION. In the case sub judice, a review of the record from the trial court fails to support plaintiff-appellant's assertion that the trial court abused its discretion in denying the motion for attorney fees. A review of the bill submitted by plaintiff- appellant attached to the motion for attorney fees demonstrates that there was nothing extraordinary or unusual about the legal services provided by plaintiff-appellant's counsel. More importantly, with the exception of plaintiff-appellant's motion for default judgment, all the remaining items on plaintiff- appellant's bill for legal services were expenses which would have been incurred regardless of whether defendant-appellant -6- choose to contest the action. Contrary to plaintiff-appellant's assertion, the denial of the motion for attorney fees in the amount of $3,037.50 did not constitute an abuse of discretion by the trial court. Plaintiff-appellant's sole assignment of error is not well taken. Judgment of the trial court is affirmed. -7- It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES D. SWEENEY, P.J. and ANN DYKE, J., CONCUR. DAVID T. MATIA JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate .