Narrative Opinion Summary
The appellant, challenging a Stark County Common Pleas Court judgment, contested the arbitration award favoring the appellee in a breach of contract case concerning a commercial property purchase. The appellant argued that the arbitration was improperly ordered under R.C. 2711.01(B)(1), which typically exempts real estate title and possession disputes from arbitration. However, the court held that the dispute was limited to monetary damages, not involving title or possession, thus allowing for arbitration. The appellant's objections and Civ. R. 60(B) motion for relief were denied, as they failed to present grounds under R.C. 2711.10 for vacating the arbitration award. The appeal was also dismissed as untimely under R.C. 2711.02(C), and labeled frivolous under App. R. 23, resulting in the affirmation of the lower court's decision. The court will later address reasonable expenses related to the frivolous appeal, with costs imposed on the appellant.
Legal Issues Addressed
Appeals and Timeliness under R.C. 2711.02(C)subscribe to see similar legal issues
Application: The appellant's appeal was deemed untimely as it was filed nearly ten months after the arbitration referral order, which R.C. 2711.02(C) deems as final and subject to appeal within thirty days.
Reasoning: R.C. 2711.02(C) deems orders regarding arbitration stays as final and subject to appeal within thirty days, a deadline the appellant missed, as his notice of appeal was filed nearly ten months after the arbitration referral order.
Arbitration of Real Estate Disputes under R.C. 2711.01(B)(1)subscribe to see similar legal issues
Application: The appellant argued that the case should not have been submitted to arbitration, as it involved real estate title and possession, which are typically exempt from arbitration under R.C. 2711.01(B)(1). However, the court found that the case involved only monetary damages for breach of contract, not title or possession.
Reasoning: The appellant contends that the trial court erred by submitting the case to arbitration, asserting that R.C. 2711.01(B)(1) prohibits arbitration for real estate disputes, except for specific exceptions that do not apply here.
Civ. R. 60(B) Motion for Relief from Judgmentsubscribe to see similar legal issues
Application: The court denied the appellant's Civ. R. 60(B) motion, as it did not specify grounds under R.C. 2711.10 for vacating the arbitration award and was improperly used to challenge the arbitration's validity.
Reasoning: The appellant also contends that the court erred in denying his Civ. R. 60(B) motion for relief from the judgment confirming the arbitration award on grounds related to R.C. 2711.01(B)(1).
Confirmation of Arbitration Awardssubscribe to see similar legal issues
Application: The appellant's objections to confirmation of the arbitration award were rejected, as the court found that the arbitration was correctly conducted and the award was consistent with Ohio law.
Reasoning: Ferri's objections to the magistrate's confirmation were rejected, and his attempt to vacate the order was denied.
Frivolous Appeals under App. R. 23subscribe to see similar legal issues
Application: The appellate court ruled the appeal as frivolous under App. R. 23 and affirmed the trial court's judgment, with costs assigned to the appellant.
Reasoning: The appellate court overruled the assignment of error and deemed the appeal frivolous under App. R. 23, leading to an affirmation of the trial court's judgment.