Ellis v. Setjo, L.L.C.

Citations

• 2025 Ohio 4844

Syllabus

Motion to stay pending arbitration; contract; meeting of the minds; retail installment sales contract; arbitration agreement; Civ.R. 6; abuse of discretion. Trial court did not err in denying Kia's motion to stay pending arbitration. There was no meeting of the minds as the formation of the contract. Appellee was an elderly woman with vision, hearing, and mobility limitations and who was obviously ill when she purportedly signed two arbitration provisions for the purchase of a car. She told the salesperson she could not read the contract nor hear what he was saying but the dealership proceeded with the sales contract anyway. In addition, the arbitration provisions contained conflicting terms. The trial court also did not err in striking Kia's reply brief. The court expressly told the parties no reply briefs would be accepted but Kia ignored the court's order and filed a reply brief. It is well-settled that a trial court has discretion to manage its docket.