Sean A. Stoner, Plaintiff-Appellee,
Salon Lofts, LLC, et al., Defendants- Appellants.
APPEALS from the Franklin County Court of Common Pleas Nos.
& Elliott, LLC, Adam P. Richards, and Barton R. Keyes,
Littler Mendelson, P.C., Thomas M. L. Metzger, and Brooke E.
Niedecken, for appellants.
M. L. Metzger.
1} Defendants-appellants, Salon Lofts, LLC and
Daniel Sadd, appeal from a judgment of the Franklin County
Court of Common Pleas denying their motion to vacate, modify,
or correct the arbitration award entered in favor of
plaintiff-appellee, Sean A. Stoner. For the following
reasons, we affirm.
Facts and Procedural History
2} On April 7, 2015, Stoner filed a petition to
compel arbitration regarding a dispute on Stoner's
claimed ownership interest in Salon Lofts. Prior to
Stoner's petition to compel arbitration, the parties had
been involved in litigation dating back to 2010 when Stoner
and Buckheel Investments, LLC filed a complaint against
appellants and Salon Lofts Franchising, LLC seeking a
declaratory judgment that Stoner owned a profit interest in
Salon Lofts based on Salon Lofts' Operating Agreement.
Appellants and Salon Lofts Franchising filed several
counterclaims in response to the initial 2010 complaint. The
2015 petition to compel arbitration related solely to
Stoner's claim that he held a five-percent interest in
Salon Lofts under the terms of the Operating Agreement; the
remainder of appellants' counterclaims remain pending in
the trial court.
3} The matter proceeded to arbitration on December
18, 2017. Following the arbitration hearing, the arbitrators
issued an April 24, 2018 decision and award determining
Stoner, a former employee of Salon Lofts, held a five-percent
interest in Salon Lofts and that Stoner was entitled to
payment for his five-percent interest upon the sale of Salon
Lofts pursuant to an Asset Purchase Agreement dated February
15, 2012. Based on that conclusion, the arbitrators awarded
Stoner $709, 557.00 in damages, plus statutory interest
dating from February 15, 2012 until payment of the award.
Subsequently, on August 8, 2018, the arbitrators issued a
supplemental decision on Stoner's petition for
attorneys' fees and arbitration-related costs, awarding
Stoner $159, 554.58 in arbitration related fees and costs.
4} Appellants then moved to vacate, modify, or
correct both the award and supplemental award, arguing the
arbitrators exceeded their authority in calculating the
dollar amount of Stoner's award. Stoner moved the trial
court to confirm both the award and supplemental award.
5} In a March 7, 2019 decision and entry, the trial
court granted Stoner's first amended application to
confirm the arbitration award and denied appellants'
motion to vacate, modify, or correct the arbitration award
and motion to vacate or modify the arbitrators'
supplemental decision on attorneys' fees and arbitration
costs. In its decision, the trial court concluded the
arbitrators did not exceed their authority in determining
whether Stoner had an interest in Salon Lofts and the dollar
amount Stoner should be paid for that interest. Subsequently,
on March 25, 2019, the trial court issued a "Final
Judgment" in favor of Stoner, ordering appellants to pay
Stoner a total award of $869, 111.58 plus interest and
attorneys' fees. Appellants timely appeal.
Assignments of Error
6} Appellants assign the following ...