Breach of Contract Cases

Negligence small claims manifest weight competent and credible evidence comparative negligence damages abuse of discretion App.R. 16. The trial court's determination that plaintiff was comparatively at fault for damages to his vehicle while driving through a construction zone was supported by competent and credible evidence. The trial court's damages award was not an abuse of discretion.

Motion to stay motion to compel arbitration arbitration agreement motion to dismiss jurisdiction venue forum selection clause res judicata final appealable order R.C. 2711.02 hearing R.C. 2711.03 unconscionability procedural unconscionability substantive unconscionability. The trial court did not err denying appellant's motion to stay proceedings and compel arbitration, or alternatively to dismiss for lack of personal jurisdiction, subject matter jurisdiction, and improper venue. The arbitration agreement in this case is both procedurally and substantively unconscionable. Enforcement of the forum selection provision would be unreasonable and unjust, and effectively deny appellee its day in court. Based on the totality of the circumstances in this case, the trial court's failure to hold an evidentiary hearing on appellant's motion to stay and compel arbitration was not reversible error. Res judicata did not bar appellee from challenging the enforceability of the arbitration agreement in the second civil action.

Preliminary injunction permanent injunction breach of contract, franchise agreement misappropriation of trade secrets unfair competition Civ.R. 65(B).

Breach of contract Ohio Consumer Sales Practices Act R.C. 1435.01 et seq. Civ.R. 52 Civ.R. 53(D)(3)(ii) magistrate's decision findings of fact conclusions of law substantially comply manifest weight oral contract enforceable contract meeting of the minds definite and certain. Affirmed the trial court's judgment in favor of appellees on claims of breach of contract and violation of the Ohio Consumer Sales Practices Act. The magistrate's decision substantially complied with Civ.R. 53(D)(3)(a)(ii), and additional findings of fact and conclusions of law were not necessary because the trial court's decision, when considered with the rest of the record, formed an adequate basis for review. The trial court's judgment was not against the manifest weight of the evidence and the trial court did not commit error in its determinations. The additional tree work appellant requested was not included in the scope of the parties' oral contract, and there was never a meeting of the minds or a definite and certain contract for the additional tree work. The record did not show that any violation of the CSPA occurred.

Appeal of a judgment entry denying a motion to stay pending arbitration and granting a motion for a hearing under R.C. 2711.03 for the purpose of determining whether an arbitration agreement exists and, if so, whether it is enforceable, is dismissed for lack of a final appealable order as the judgment entry leaves issues unresolved and contemplates further action.