Potential conflict in arbitration case

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.

Brief filed: Stewart v. Vivian

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.

Can a trial court sua sponte dismiss a claim on the basis of res judicata?

Today the Ninth District says no.

Can a trial court sua sponte dismiss a claim on the basis of res judicata?

Today the Ninth District says no.

A different approach to determining appellate jurisdiction

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.

Gas pipelines, surveys, and you

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.