PARKS v. BURNS

No. 2012-CA-00023.

2012 Ohio 3229

ROBERT PARKS, Plaintiff-Appellee, v. MARK BURNS, Defendant-Appellant, v. ACP OHIO, INC., Third-Party Defendant Appellee.

Court of Appeals of Ohio, Fifth District, Stark County.

July 16, 2012.


Attorney(s) appearing for the Case

ROBERT MCNAMARA , MCNAMARA, DEMCYZK CO. LP.A., 12370 Cleveland Avenue N.W., Box 867, Uniontown, OH 44685; SIDNEY N. FREEMAN , 12370 Cleveland Ave. N.W., Box 867, Uniontown, OH 44685, for Plaintiff-Appellee.

DAVID K. SCHAFFNER , Schaffner Law Offices, Co., L.P.A., 132 Fair Avenue N.W., New Philadelphia, OH 44663, for Defendant-Appellant.

Patricia A. Delaney, P.J., W. Scott Gwin, J. and Julie A. Edwards, J., Judges.


OPINION

GWIN, J.

{¶1} Defendant Mark Burns appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which overruled his motion to stay or dismiss pending arbitration. Appellees are Plaintiff Robert Parks and Third Party Defendant ACP, Inc. dba Ohio Pools. Burns assigns a single error to the trial court:

{¶ 2} "I. THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN DENYING DEFENDANT-APPELLANT'S MOTION...

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