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· 11/21/2019

BST Ohio Corp. v. Wolgang

Citations

  • 2019 Ohio 4785

Syllabus

R.C. 2711.09 R.C. 2711.13 arbitration award confirmation of arbitration award motion to vacate, modify, or correct arbitration award. Under R.C. 2711.13, a party has three months to move to vacate, modify, or correct an arbitration award. Thus, a trial court errs when it confirms an arbitration award prior to the three-month time limit when the party opposing confirmation appears and objects to confirmation and informs the trial court that it intends to file a timely motion to vacate, modify, or correct the arbitration award within the three-month time period. Thus, the trial court erred in this case when it confirmed the arbitration award just over a month after the arbitrator issued the final award and appellant appeared at a hearing and informed the trial court that it opposed confirmation and planned to move to vacate before the three-month time limit expired.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Determining the credibility of witnesses is the province and function of the state courts, not a federal court engaging in habeas review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boyle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.