Dodge v. Dodge
2017 Ohio 7087
| Ohio Ct. App. | 2017Background
- Jennifer and Stephen Dodge married in 2007, had two minor children, and Jennifer filed for divorce in 2013.
- Parties agreed to binding arbitration of marital issues and filed an arbitration agreement; the trial court ordered binding arbitration under Ohio Revised Code Chapter 2711.
- The arbitrator issued a written decision resolving spousal support, property division, child-related financial issues, and other listed matters; the decision was filed in the trial court.
- The trial court adopted the arbitrator’s award and entered a final decree of divorce; Stephen appealed to this court.
- Stephen did not move in the trial court to vacate, modify, or correct the arbitration award under R.C. Chapter 2711 before the court entered the decree.
Issues
| Issue | Plaintiff's Argument (Dodge) | Defendant's Argument (Stephen) | Held |
|---|---|---|---|
| Whether appellate review of arbitrator’s factual/legal rulings was available | Arbitration award adopted; plaintiff relied on final decree | Stephen argued parties agreed he could bypass R.C. 2711 procedures and directly appeal arbitrator’s decision to Tenth District | Court held arbitration was binding under R.C. Chapter 2711; no bypass existed; appellant waived challenges by not using R.C. 2711 remedies |
| Whether court should review alleged errors in arbitrator’s property and support findings | Plaintiff: adopt and confirm award into decree | Stephen: complained of multiple errors (valuation, debt allocation, childcare/imputed income, pension share) and sought appellate review | Court held these merits issues were not reviewable because appellant failed to file statutorily required motions to vacate/modify/correct the award |
| Whether the trial court’s January 21, 2016 entry modified arbitration agreement to permit direct appeal | Plaintiff: entry acknowledged statutory appeal rights only | Stephen: read entry as mutual modification allowing direct appeal to Tenth District bypassing R.C. 2711 | Court held the entry did not modify the arbitration agreement; it affirmed binding arbitration under R.C. Chapter 2711 and merely acknowledged statutory appeal rights |
| Whether failure to challenge award in trial court waived appellate review | Plaintiff: award presumed valid; statutory procedure required | Stephen: argued parties’ agreement allowed direct appeal so no waiver | Held: failure to move to vacate/modify/correct under R.C. 2711 constituted waiver; arbitration award sustained and appeal restricted to R.C. Chapter 2711 order review |
Key Cases Cited
- Mahoning Cty. Bd. of Mental Retardation & Dev. Disabilities v. Mahoning Cty. TMR Edn. Assn., 22 Ohio St.3d 80 (describing arbitration benefits and judicial deference)
- Kelm v. Kelm, 68 Ohio St.3d 26 (permitting arbitration referrals in domestic relations cases)
- Schaefer v. Allstate Ins. Co., 63 Ohio St.3d 708 (stating Ohio public policy favoring arbitration)
- State ex rel. R.W. Sidley, Inc. v. Crawford, 100 Ohio St.3d 113 (limiting court jurisdiction after arbitration to specified R.C. remedies)
- Miller v. Gunckle, 96 Ohio St.3d 359 (noting statutory restrictions on judicial review of arbitration awards)
- Goodyear Tire & Rubber Co. v. Local Union No. 220, 42 Ohio St.2d 516 (defining grounds for vacation or correction of awards)
- Warren Edn. Assn. v. Warren City Bd. of Edn., 18 Ohio St.3d 170 (describing narrow court review of arbitration awards)
- State ex rel. Internatl. Union of Operating Engs., Local No. 18 v. Simmons, 58 Ohio St.3d 247 (explaining parties accept arbitrator’s decision even if legally or factually incorrect)