Bello v. Highland Pointe Health & Rehab Ctr.
Case Details
- Judge(s)
- E.A. Gallagher
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Excerpt
R.C. 2711.03; enforcement of arbitration provision; oral hearing unequivocally and specifically requested is mandatory; abuse of discretion. Appellants appealed the trial court's denial of their motion to stay and enforce an arbitration agreement before conducting an oral hearing as requested in their motion. We find that while an oral hearing is not always required to satisfy the "hearing" mandate of R.C. 2711.03, an oral hearing is required and shall be granted when unequivocally and specifically requested by a party pursuant to R.C. 2711.03. As such the trial court abused its discretion by denying the motion to stay and enforce arbitration before conducting an oral hearing. The matter is reversed and remanded to the trial court to conduct an oral hearing to determine whether the validity of the arbitration agreement is at issue.
What This Ruling Means
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