Prime Invests., L.L.C. v. Altimate Care, L.L.C.
Citations
- 2022 Ohio 1181
Syllabus
Trial court erred when it dismissed appellant's amended complaint for failure to state a claim for relief because appellant's alleged sufficient facts to put appellees on notice of the claim for a breach of the Broker Agreement or, alternatively, unjust enrichment. Contrary to the trial court's ruling, Ohio's notice pleading rules did not require appellant to specifically identify the buyer by name or set forth specific information supporting its belief as to the possible identity of the buyer. Because the subject of appellant's promissory estoppel claims were governed by the Broker Agreement, the trial court did not err when it dismissed those claims for failure to state a claim upon which relief may be granted. Judgment reversed, in part, and cause remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- party who participated in arbitration, without raising issue that no arbitration agreement existed, could not raise issue for first time in motion to vacate award
- party who participated in arbitration, but who failed to raise issue that no agreement to arbitrate existed, was barred from raising that issue in subsequent superior court action to vacate arbitration award
- “No objection was raised by Turner at the time of the hearing, and it was too late to raise it for the first time before the Superior Court in its application to vacate the award.”
- where a party who participated in arbitration, but who failed to raise the issue that no agreement to arbitrate existed, was barred from subsequently raising that issue in Superior Court in an action to vacate the arbitration award
Source: CourtListener parenthetical corpus (CC0).
Judges: Jamison
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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