What Is Standard for Appellate Review of Grant/ Denial of a Motion to Compel Arbitration?
Taylor Building Corporation of America v. Marvin Benfield et al., Case nos. 2006-1890 and 2006-2043 12th District Court of Appeals (Clermont County) ISSUE: In reviewing a trial court ruling compelling a litigant to submit a dispute to arbitration pursuant to an arbitration clause in a contract, when the appellant seeks reversal based on a claim that the arbitration clause is “unconscionable,” should the court of appeals apply a ” de novo ” standard of review or an “abuse of discretion” standard of review? BACKGROUND: In this case, Marvin and Mary Ruth Benfield of Clermont County filed a civil lawsuit seeking to revoke a contract they entered into with Taylor Building Company for the construction of a home on their land. The trial court granted a motion by Taylor to stay its proceedings in the Benfields’ case until the dispute had been subjected to arbitration pursuant to a compulsory arbitration clause included in the contract. The Benfields appealed the trial court ruling, alleging th
