MBNA America Bank, N.A. v. Anthony

In MBNA America Bank, N.A. v. Anthony, 5th Dist. No. 05AP090059, 2006 Ohio 2032, a motion to confirm an arbitration award in favor of MBNA and against the debtor/appellant, Linda Anthony, was filed in the trial court. In response, Anthony filed a motion to dismiss or, alternatively, for a more definite statement. In addition, Anthony sought production of the original arbitration agreement to show whether she agreed to arbitrate any disputes arising out of her relationship with MBNA. MBNA responded by filing motions to strike and for a protective order. No motion to vacate, modify or correct the award was ever filed. The trial court held a preliminary hearing on the matter, but deferred a hearing on the merits of MBNA's application until a later date. However, before the second hearing was held, the trial court confirmed the award. A timely appeal followed, in which the Fifth District Court of Appeals found that R.C. 2711.09 "clearly contemplates a hearing" whenever a motion to confirm an arbitration award is filed. Id., at P 14. Ultimately, the trial court's judgment was reversed and the matter was remanded for a hearing pursuant to R.C. 2711.09. Id. However, since the time for seeking vacation or modification of the award had expired, the appellate court limited the trial court's review to "confirmation of the award pursuant to R.C. 2711.09." Id., at P 17.