Yormick v. King David Post Acute Nursing & Rehab., L.L.C.

Citations

• 2026 Ohio 1776

Syllabus

Arbitration; motion to stay; time-limitations clause; R.C. 2711.02(B); waiver; right to arbitration; dispositive; abuse of discretion; totality of circumstances; acted inconsistent. Affirmed the trial court's denial of defendant-appellant's motion to stay pending arbitration. Issues not raised or addressed in the trial court would not be addressed for the first time on appeal. The issue of whether the trial court erred as a matter of law by deciding the timeliness of the arbitration demand under the arbitration agreement's time-limitation clause was not definitely decided on appeal where neither party provided authority directly on point and the waiver issue was dispositive of the matter. Plaintiff-appellee demonstrated that defendant-appellant knew of its right to arbitration, and the trial court did not abuse its discretion in determining from the totality of the circumstances that appellant acted inconsistently with the right to arbitration.