Ohio Courts Clarify 'Prevailing Party' Owed Attorney Fees in Deceptive Trade Practices Case
“Our review of R.C. 4165.03 supports this conclusion. In construing statutory terms, courts read statutes as a whole and do not dissociated words and phrases from their context. … Looking at the language of R.C. 4165.03 as a whole, we are persuaded that ‘prevailing’ in the context of the DTPA means that the party obtained judgment in its favor, regardless of whether the party obtained a remedy in furtherance of that judgment,” Judge Jennifer Kinsley wrote.