Court of Appeals of Ohio, Eighth District, Cuyahoga
FORCE INDOOR SPORTS L.L.C., ET AL. PLAINTIFFS-APPELLEES
DOMESTIC LINEN SUPPLY CO., INC., D.B.A. DOMESTIC UNIFORM RENTAL DEFENDANT-APPELLANT
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT James G. Kozelek Weltman Weinberg
& Reis Co., L.P.A., Daniel A. Friedlander Weltman
Weinberg & Reis Co., L.P.A.
ATTORNEY FOR APPELLEES Lawrence J. Rich Zashin & Rich
BEFORE: Kilbane, P.J., E.T. Gallagher, J., and Celebrezze, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, P.J.
Defendant-appellant, Domestic Linen Supply Company, Inc.
("Domestic"), appeals from the trial court's
denial of its motion to stay pending arbitration. For the
reasons set forth below, we affirm.
Plaintiffs-appellees, Force Indoor Sports L.L.C., Force
Indoor Sports Fairlawn L.L.C., Force Indoor Sports Richmond
L.L.C., Force Indoor Sports Rocky River L.L.C. (collectively
referred to as "Force"), operate several indoor
sports facilities. In November 2012, Force entered into a
"rental agreement" with Domestic in which Domestic
was to supply the various Force locations with soap and hand
sanitizer, the dispensers, paper supplies, floormats, and
other products. Paragraph 15 of the agreement provided that
"[i]n the event of any controversy or claim in excess of
$10, 000 arising out of or relating to [the] agreement, * * *
shall be submitted to and settled by arbitration[.]"
Disputes between the parties arose over payments and services
under the agreement. Force was dissatisfied with the quality
of Domestic's services. Force addressed its concerns with
Domestic. Force then gave Domestic written notice on April
23, 2015, that it was terminating the rental agreement.
Thereafter, on August 5, 2015, Domestic filed a demand for
arbitration seeking relief in the amount of $46, 854.77 plus
18 percent interest from April 6, 2015, and attorney fees and
In response, Force and G.R. Rodenfels (the general manager)
filed a complaint against Domestic on August 19, 2015, which
it later amended in December 2015. In its amended complaint,
Force sought damages in excess of $25, 000 for Domestic's
alleged (1) failure to provide supplies that were required,
(2) overcharging of services that were not rendered, (3) and
oversupplying or undersupplying the requirements in the
rental agreement. Force further sought a declaratory judgment
that the arbitration clause in the agreement is
On October 12, 2015, Domestic filed a motion to stay the
civil proceedings pending arbitration, which it later amended
in January 2016. Force opposed, arguing that the arbitration
clause was not controlling, the demand for declaratory
judgment must be tried prior to arbitration, and the
agreement is unconscionable. In July 2016, the trial court
denied Domestic's motion to stay the proceedings pending
arbitration, without opinion.
It is from this order Domestic appeals, raising the following
single assignment of error for review.
trial court erred in not staying [Force's] claims because
the arbitration agreement is enforceable in conformity with
Ohio's Arbitration Act[.]