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Odion v. Avesis Inc.

Although the trial court was authorized to dismiss certain claims pursuant to an arbitration clause in the parties' contractual agreement, it erred in doing so with prejudice.

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This is a dispute between a health care provider and a health insurance provider. Acting pro se on behalf of himself and three corporate entities, Dr. Gege Odion appeals from the trial court’s dismissal with prejudice of his lawsuit against Avesis, Inc., Avesis Third Party Administrators, Inc. and several individual defendants collectively, “Avesis”. The trial court dismissed the lawsuit on the ground that the claims asserted therein were subject to a contractual arbitration provision.

We dismiss the appeal to the extent it raises claims of error on behalf of the corporate entities, because Odion is not a licensed attorney entitled to represent them before this court. Regarding the claims of error Odion brings on his own behalf, we reverse the dismissal of the lawsuit’s claims for injunctive relief, because those claims are not arbitrable under the plain language of the parties’ agreement. We vacate the dismissal as to the remaining claims in the lawsuit because, although the trial court was authorized to dismiss them under the arbitration clause, the trial court erred in doing so with prejudice. We remand this case for further proceedings not inconsistent with this opinion.

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