Bright Future Partners, Inc. v. Proctor & Gamble Distrib., L.L.C.

Citations

• 2017 Ohio 4145

Syllabus

APPELLATE REVIEW/CIVIL - JURISDICTION - FINAL ORDER - CIV.R. 34(D) - ARBITRATION: For an order to be a final order, it must meet the requirements of R.C. 2505.02 and Civ.R. 54(B), if applicable: to determine what provision of R.C. 2505.02 to apply, it is necessary to determine the nature and subject matter of the cause of action appealed from, and where the appeal is taken from an order issued in a Civ.R. 34(D) action for prelitigation discovery, R.C. 2505.02(B)(1) applies. The denial of a Civ.R. 12(B)(6) motion to dismiss is not a final order because it does not determine the action and prevent a judgment. The trial court's order in a prelitigation discovery action setting a deadline for defendant to respond to plaintiffs' requests for production of documents was not a final order: the order was akin to a scheduling order, because defendant still had the opportunity to object to the requests, and the order did not require the defendant to turn over any of the requested documents therefore, the order did not determine the action or prevent a judgment in defendant's favor. Under R.C. 2711.02(C), an order that grants or denies a stay of a trial of any action pending arbitration is a final order. Where an action is brought on any issue referable to arbitration under an agreement in writing for arbitration, the court in which the action is pending shall on application of one of the parties stay the trial of the action until the arbitration of the issue has been had in accordance with the agreement. Whether a controversy is arbitrable under a contract requires the court to invoke principles of contract interpretation and presents a question of law that is reviewed de novo, and where the plain language of a dispute resolution clause requires the parties to a contract to arbitrate discovery issues, the trial court erred by failing to grant defendant's motion to stay plaintiffs' prelitigation discovery action pending arbitration.