Breach of Contract Cases

R.C. 5301.36 satisfaction of mortgage class action certification class definition arbitration agreement. Appellant class representative claims the arbitration agreements contained in the mortgage agreements are not valid and do not warrant exclusions of potential class members from the class unless signed arbitration agreements were produced by appellee bank. While a claim regarding the enforceability of the arbitration agreement could be raised by those individuals subject to an arbitration agreement in their own actions against appellee bank, the instant class action concerned the class of mortgagors who did not have an arbitration agreement in their mortgage agreements, as set forth in the class definition. Thus, whether appellee bank must prove the validity of an agreement to arbitrate by producing a separately signed arbitration agreement is not pertinent for this certified class. Conceivably, appellant could have proposed a class definition to incorporate the requirement that individuals with an arbitration agreement in their mortgage agreement can only be excluded from the class by a proof of a separately signed arbitration agreement. However, the class as defined does not incorporate this requirement. In addition, the trial court concluded appellee bank complied with prior discovery requests and previously made relevant mortgagor files available for inspection. Therefore, appellant's claim that appellee bank must produce evidence of a separately signed arbitration agreement in order to exclude the mortgagors whose mortgage agreements contained an arbitration agreement lacks merit.

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The plaintiff sought to recover damages from the defendant for breach of contract. Specifically, the plaintiff's complaint alleged that the defendant breached the parties' marital separation agreement by failing to disclose certain assets. Following a trial, the trial court rendered judgment in favor of the defendant, from which the plaintiff appealed to this court. On appeal, he claimed, inter alia, that the trial court erred by concluding that his action was barred by the applicable statute of limitations (§ 52- 576 [a]) and determining that it lacked continuing jurisdiction to enforce the parties' separation agreement. Held that the plaintiff's appeal was moot; because the plaintiff failed to challenge an independent ground for the court's adverse ruling, namely, the court's determination that the plaintiff's breach of contract claim failed on the merits due to insufficient evidence that the defendant had breached the separation agreement, even if this court agreed with the plaintiff's claim that his action was not barred by the statute of limitations, there would be no practical relief that could be afforded to the plaintiff because of his failure to challenge the trial court's finding on the merits. Argued October 21—officially released December 24, 2019