The Ninth District has just released a decision in Kelsey v. Carrington Homes, Inc., in which it held that a trial court must conduct an evidentiary hearing before compelling the parties to arbitrate a dispute.
This holding appears to conflict with that of at least one other appellate district, and may be a candidate for review by the Supreme Court as a certified conflict.
Tuesday, June 6, 2017
Monday, November 28, 2016
Today we filed a merits brief in the Ohio Supreme Court on behalf of the appellant in Stewart v. Vivian. You can read the brief here. The supplement is here.
Wednesday, September 21, 2016
Monday, September 12, 2016
In Bank United v. Klug, the Ninth District reaffirmed the well-settled rule that the journalization of a nunc pro tunc order which merely "correct[s] minor typographical errors" does not extend the 30-day notice-of-appeal filing deadline provided for in Appellate Rule 4(A). Here, the order was entered on January 6, a nunc pro tunc order was entered on January 22, and the notice of appeal was filed on February 19--28 days after the nunc pro tunc order, but 44 days after the original order. The appeal thus was untimely, and was dismissed.
Today the Ninth District decided Nexus Gas Transmission v. Houston, a case interpreting the statute authorizing natural gas pipeline companies to enter onto private property for the purpose of surveying and appropriating property for pipelines and related operations.