EMCC INVEST. VENTURES, LLC v. ROWE

No. 2011-P-0053.

2012 Ohio 4462

EMCC INVESTMENT VENTURES, LLC, Plaintiff-Appellee, v. CLARENCE ROWE, Defendant/Third Party Plaintiff-Appellant, LAW OFFICE OF CURTIS O. BARNES, et al., Third Party Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Portage County.

September 28, 2012.


Attorney(s) appearing for the Case

Jeffrey C. Turner and John P. Langenderfer , Surdyk, Dowd & Turner Co., L.P.A., One Prestige Place, Suite 700, Miamisburg, OH 45342 (For Plaintiff-Appellee and Third Party Defendant-Appellee).

Kesha D. Kinsey , Law Offices of Curtis E. Barnes , P.O. Box 340, Brice, OH 43109 (For Plaintiff-Appellee).

Robert S. Belovich , 9100 South Hills Blvd., Suite 300, Broadview Heights, OH 44147; and Anand N. Misra , The Misra Law Firm, L.L.C., 3659 Green Road, Suite 100, Beachwood, OH 44122 (For Defendant/Third Party Plaintiff-Appellant).


OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellant, Clarence Rowe, appeals the judgment of the Portage County Court of Common Pleas requiring arbitration and dismissing, with prejudice, his claims against appellees, EMCC Investment Ventures, LLC ("EMCC") and the Law Offices of Curtis O. Barnes ("Barnes"). At issue is whether EMCC and Barnes waived their right to arbitration. For the following reasons, we reverse the judgment of the trial court...

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