Debois, Inc. v. Guy

Citations

• 161 N.E.3d 99
• 2020 Ohio 4989

Syllabus

Arbitration, waiver, abuse of discretion, enforceability, R.C. 2711.02. Appellants appealed the trial court's finding that they waived a contractual right to arbitrate Appellee's counterclaim. The trial court's decision was affirmed. There was no abuse of discretion where the trial court considered the totality of the circumstances, including Appellants' initiation and participation in the litigation before and after asserting the contractual right to arbitrate. The trial court did not rule that the arbitration agreement was unenforceable for possibly excluding class actions from arbitration. Accordingly, enforceability of the arbitration agreement was not properly before the court on appeal.