Debois, Inc. v. Guy

2 Citing cases

  1. Midland Funding LLC v. Schwarzmer

    2022 Ohio 4506 (Ohio Ct. App. 2022)

    {¶ 17} "The trial court is in the best position to determine whether a party has waived its right to arbitrate." Debois, Inc. v. Guy, 2020-Ohio-4989, 161 N.E.3d 99, ¶ 22 (8th Dist), citing Phillips v. Lee Homes, Inc., 8th Dist. Cuyahoga No. 64353, 1994 Ohio App. LEXIS 596, 10-11 (Feb. 17, 1994). "Accordingly, when applying the abuse of discretion standard, an appellate court may not substitute its own judgment for that of the trial court." Id., citing Black v. Hicks, 8th Dist. Cuyahoga No. 108958, 2020-Ohio-3976, ¶ 96.

  2. Victor v. Kaplan

    2021 Ohio 2840 (Ohio Ct. App. 2021)

    {¶ 10} We review a trial court's determination of whether a party has waived the right to arbitrate a dispute for abuse of discretion. Debois, Inc. v. Guy, 2020-Ohio-4989, 161 N.E.3d 99, ¶ 20 (8th Dist). We also review a trial court's stay pending arbitration under R.C. 2711.02 for an abuse of discretion.