American Arbitration Assoc. v. Bowen

The evidence showed that the defendants asserted individual claims through their employer's arbitration and thus were liable to the arbitration association for a portion of the arbitration fees.

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Gene Bowen and Karen McGinn, members of eCential Group, LLC “eCential”, arbitrated claims through the American Arbitration Association the “Association”. The Association filed suit on open account against Bowen and McGinn to collect unpaid arbitration fees. Following a hearing, the trial court dismissed the Association’s suit, concluding that there was no evidence showing that Bowen and McGinn the “Members” were personally liable to pay the fees. The Association filed a motion for new trial, which the trial court denied. The Association appeals from that ruling, contending that the trial court erred in considering inadmissible hearsay and in dismissing the case without evidence to support the involuntary dismissal. Since there is evidence that the Members asserted individual claims through arbitration, they were liable for a portion of the arbitration fees, and we reverse.

An involuntary dismissal under OCGA § 9-11-41 b differs considerably from the grant of summary judgment. A dismissal under OCGA § 9-11-41b does not require a trial court to construe the evidence most favorably toward the nonmovant. In addition, because a trial court determines the facts as well as the law, an involuntary dismissal may be warranted despite the fact that a plaintiff established a prima facie case. In ruling on a motion for involuntary dismissal, the trial court can decide whether essential facts have not been proven. As the trier of fact, the trial court’s determination will be reversed only when the evidence demands a contrary finding.

American Arbitration Assoc. v. Bowen

The evidence showed that the defendants asserted individual claims through their employer's arbitration and thus were liable to the arbitration association for a portion of the arbitration fees.

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