Norman v. Kellie Auto Sales, Inc.

Citations

• 158 N.E.3d 166
• 2020 Ohio 4311

Syllabus

Application to reconsider granted as the trial court did not err in granting appellee's application to confirm arbitration award and in denying appellant's application to modify arbitration award. In the original decision, it was not necessary for the court to address the merits of appellant's argument that the cure provisions of the Ohio Consumer Sales Practices Act (R.C. 1345.092) applied as the cure offer in question was made after the arbitrator's powers expired. Appellant did not meet any of the grounds for vacation or modification in R.C. 2711.11 or 2711.10. The trial court also did not err in not conducting a hearing on appellant's application to modify the arbitrator's award. Finally, the trial court did not err in confirming the arbitrator's award of attorney fees as appellant did not assert any of the grounds in R.C. 2711.11 or 2711.10 for the court to vacate or modify the award of attorney fees appellant ignored that the role of an arbitrator, trial court and appellate court when parties pursue arbitration differ from the role of a trial court and an appellate court when parties pursue litigation and appellant did not raise the same argument to the arbitrator. Accordingly, the court grants appellee's application to reconsider and vacates the original decision to the extent that the original decision sustained the first assignment of error regarding application of the CSPA cure provisions and reversed and remanded this case to the trial court on the same grounds. The court overrules, the first, second and third assignments of error and affirms the judgments of the Franklin County Court of Common Pleas.