Lovano v. Setjo, L.L.C.

Citations

• 2023 Ohio 461

Syllabus

Arbitration waiver totality of the circumstances nonpayment fees leave implicitly denied. - Parties' requests for leave to file a reply and surreply containing supporting documentation was implicitly denied when the trial court did not rule on the motions prior to denying appellant's motion to stay the proceedings and compel arbitration. Trial court did not abuse its discretion in denying appellant's motion to compel arbitration where the totality of the circumstances demonstrate that appellant waived its right to arbitrate by not paying their portion of the arbitration fees when the consumer-appellees complied with the contract and initially requested arbitration prior to filing their complaint.