Discover Bank v. Bennington

{¶ 1} Appellant, Joy L. Bennington, appeals from the October 13, 2017 judgment of the Chardon Municipal Court, denying her motion to stay proceedings pending *285 arbitration. The main issue presented in this appeal is whether a defendant may obtain a stay of proceedings pending arbitration without having first initiated the arbitration proceedings. For the reasons stated, we reverse and remand.

{¶ 2} On February 10, 2017, appellee, Discover Bank ("Discover"), filed a complaint against appellant to recover an unpaid credit card balance alleging the following: Discover is a foreign corporation…