You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Shillingburg v. Turtle Creek Assets, Ltd.

Citations: 126 N.E.3d 1182; 2019 Ohio 2953; 156 Ohio St. 3d 1469Docket: 2019-0766

Court: Ohio Supreme Court; July 24, 2019; Ohio; State Supreme Court

Narrative Opinion Summary

A conflict has been certified regarding whether R.C. 2711.03 mandates a trial court to conduct an oral hearing on a motion to compel arbitration. The court requests the parties to submit briefs addressing this question as outlined in the court of appeals' journal entry dated June 5, 2019. The identified conflict cases are Chrysler Financial Services v. Henderson and Mattox v. Dillard's Inc.

Legal Issues Addressed

Certification of Conflict in Judicial Proceedings

Application: The court has certified a conflict between previous case decisions, prompting a request for further briefings on the issue.

Reasoning: The court requests the parties to submit briefs addressing this question as outlined in the court of appeals' journal entry dated June 5, 2019.

Precedential Cases in Certified Conflict

Application: The court identifies specific past cases as part of the conflict to be addressed in the current proceedings.

Reasoning: The identified conflict cases are Chrysler Financial Services v. Henderson and Mattox v. Dillard's Inc.

Requirement for Oral Hearing in Arbitration Motion

Application: The case examines whether R.C. 2711.03 requires a trial court to hold an oral hearing when a motion to compel arbitration is filed.

Reasoning: A conflict has been certified regarding whether R.C. 2711.03 mandates a trial court to conduct an oral hearing on a motion to compel arbitration.