Brian Beck v. Park West Galleries Inc

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

BRIAN BECK, GUY HANSON, KAREN UNPUBLISHED HANSON, RAYMOND FAVICHIA, March 3, 2015 MARGARET FAVICHIA, JUDITH SCHLEBECKER, JOHN SCHLEBECKER, and BERNADETT STEINER,

Plaintiffs,

and

AUDREY MAHONEY, DAVID OPPENHEIM, FELICE OPPENHEIM, and PATTY BROWN,

Plaintiffs-Appellants/Cross- Appellees,

v No. 319463 Oakland Circuit Court

PARK WEST GALLERIES, INC., ALBERT LC No. 2011-122042-CZ SCAGLIONE, MORRIS SHAPIRO, ALBERT MOLINA, and PLYMOUTH AUCTIONEERING SERVICES, LTD.,

Defendants-Appellees/Cross- Appellants.

Before: MURRAY, P.J., and HOEKSTRA and WILDER, JJ.

HOEKSTRA, J., (concurring in part, dissenting in part.)

I agree and join with the majority in concluding that invoices containing arbitration clauses are subject to arbitration. However, for the reasons stated by the majority in Cohen v Park West Galleries, unpublished opinion per curiam of the Court of Appeals issued April 5, 2012 (Docket No. 302746), I respectfully disagree that invoices that do not contain arbitration clauses are also subject to arbitration.

/s/ Joel P. Hoekstra