2013 Ohio 169
Ohio Ct. App.2013Background
- Winters Law Firm, L.L.C. sued Caryn Groedel & Associates to compel arbitration and alleged tortious interference arising from a co-counseling agreement.
- The amended complaint asserted a breach of contract and a tortious interference claim related to the arbitration agreement.
- Disputes were said to be resolved by informal resolution, then neutral mediation, and finally binding arbitration per the agreement.
- Defendants counterclaimed for breach of contract, frivolous conduct, and breach of lease, adding Ryan Winters as a new party.
- In June 2012, Winters moved to proceed to arbitration; defendants argued arbitration was inappropriate for certain counterclaims and that exclusive bar associations had jurisdiction.
- The trial court ordered mediation before any arbitration; Winters challenged the denial of arbitration and sought a hearing under R.C. 2711.03.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stay pending arbitration was proper under R.C. 2711.02 | Winters contends the court should stay proceedings and push arbitration. | Groedel argues stay is appropriate only if issues are suitable for arbitration and not all claims fall under arbitration. | Reversed; court should determine arbitrability and conduct a hearing. |
| Whether the motion to compel arbitration required a hearing under R.C. 2711.03 | Winters movant seeks arbitration and appointment of arbitrator under 2711.03. | Groedel asserts no such hearing is mandated for 2711.03, or that issues are not arbitrable. | Reversed; a hearing on arbitrability was required. |
Key Cases Cited
- Maestle v. Best Buy Co., 100 Ohio St.3d 330 (Ohio 2003) (staying proceedings and arbitration framework guidance)
- Chase Home Fin. v. McDowell, 2010-Ohio-633 (9th Dist. 2010) (hearing required on 2711.03 arbitration motions)
- McCaskey v. Sanford-Brown College, 2012-Ohio-1543 (8th Dist. 2012) (prescribed hearing for arbitrability determination)