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By ALM Staff | Law Journal Newsletters |
March 22, 2004

TRIAL COURT DISCRETION

Absent an abuse of discretion, an appellate court will not disturb a trial court's decision regarding damages and attorneys' fees; it is within the trial court's discretion to deny a motion for leave to file a counterclaim where the defendant was aware that the claim existed at the time of the commencement of the action and at the time its answer was filed. RCH Co. v. 3-J Machining Service, No. 82671, Ohio Ct. App., Jan. 8, 2004.

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