Menter Family Trust v. Menter

Citations

• 2023 Ohio 367

Syllabus

Mandatory arbitration provision motion to stay proceedings and compel arbitration R.C. 2711.02 R.C. 2711.03 hearing. The trial court did not abuse its discretion by considering appellees' reply brief. The reply brief did not advance allegations rather it rebutted appellant's opposing brief. Appellees did not move to strike the reply brief or seek leave to file a surreply brief. Because appellant is challenging the execution of the arbitration provision itself and there is no evidence in the record that the trial court took this into consideration when granting appellees' motion to stay proceedings and compel arbitration, the case is remanded to the trial court for a hearing. If, after the trial court conducts its hearing pursuant to our mandate herein and determines that the subject issues are arbitrable, because R.C. 2711.02 calls for a stay, not a dismissal, of an action referable to arbitration, the trial court should stay the case.