Reynolds v. M/I Homes of Cent. Ohio, L.L.C.

2025 Ohio 5818
CourtOhio Court of Appeals
DecidedDecember 30, 2025
Docket25AP-345
StatusPublished

This text of 2025 Ohio 5818 (Reynolds v. M/I Homes of Cent. Ohio, L.L.C.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds v. M/I Homes of Cent. Ohio, L.L.C., 2025 Ohio 5818 (Ohio Ct. App. 2025).

Opinion

[Cite as Reynolds v. M/I Homes of Cent. Ohio, L.L.C., 2025-Ohio-5818.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Stephen M. Reynolds et al., :

Plaintiffs-Appellants, : No. 25AP-345 v. : (C.P.C. No. 24CV-5595)

M/I Homes of Central Ohio, LLC, : (REGULAR CALENDAR)

Defendant-Appellee. :

D E C I S I O N

Rendered on December 30, 2025

On brief: Stephen M. Reynolds, pro se. Argued: Stephen M. Reynolds.

On brief: Markesbery & Richardson Co., L.P.A., and Barry A. Rudell, II, for appellee. Argued: Barry A. Rudell, II.

APPEAL from the Franklin County Court of Common Pleas

BOGGS, J.

{¶ 1} Plaintiff-appellant, Stephen M. Reynolds, appeals the judgment of the Franklin County Court of Common Pleas (1) denying the motion that he and plaintiff Nicole Hamby filed to vacate an arbitration award, (2) granting the motion filed by defendant- appellee, M/I Homes of Central Ohio, L.L.C. (“M/I”), to confirm the arbitration award, and (3) granting M/I’s motion for summary judgment on Reynolds and Hamby’s complaint against M/I.1 For the following reasons, we affirm the trial court’s judgment.

1 Reynolds appears here pro se and is the sole appellant. Hamby has not signed any filings in this appeal, and

Reynolds, who is not an attorney, may not represent her. See Sprouse v. Miller, 2007-Ohio-4397, ¶ 4 (4th Dist.) (“only a licensed attorney may represent another party in a legal proceeding,” and a pro se appellant “may not raise arguments” on another’s behalf); Hineman v. Brown, 2003-Ohio-926, ¶ 2 (11th Dist.). No. 25AP-345 2

I. FACTS AND PROCEDURAL BACKGROUND {¶ 2} Reynolds and Hamby contracted with M/I for the construction of a home on October 1, 2021. The purchase agreement contained an arbitration provision that required “any and all Disputes, including without limitation, Home Warranty Claims, shall be submitted to and resolved by binding arbitration.” {¶ 3} On April 21, 2023, Reynolds and Hamby initiated arbitration proceedings against M/I with the American Arbitration Association (“AAA”), seeking redress for M/I’s alleged unworkmanlike performance and alleged failure to correct its work, despite promises to do so. Reynolds and Hamby alleged that, instead of correcting allegedly defective work listed on a New Home Orientation form and punch list, M/I simply stamped “VOID” on the punch list and refused to correct the work or to allow Reynolds and Hamby to hire third-party contractors to correct the work at M/I’s expense. They claimed the structural engineer they hired to inspect their home identified multiple areas that needed to be corrected, including but not limited to: 1. Defects in the tiles, grout, caulking, and structure of the hall bathroom, guest bathroom, and master bathroom;

2. Cracks and gaps between the windowsills and frames throughout the Home;

3. Cracks and gaps between the floor and fireplace in the family room;

4. Cracks and gaps between the kitchen countertops and walls;

5. Cracks and gaps between the kitchen cabinets and the walls such that the cabinets have begun to sag and are pulling away from the wall;

6. Cracks and gaps between the basement stairs and trim;

7. Failure to pressure wash the exterior of the Home pursuant to the contract resulting in construction dust and debris altering the color of the siding on the Home. Said siding must be replaced or repaired so that the color of the siding matches throughout;

8. Several areas of wooden flooring throughout the Home are buckling and pulling away from the subfloor; No. 25AP-345 3

9. Areas of wooden flooring were damaged after [M/I] attempted to repair other areas of the flooring; and,

10. Cracks in the poured foundation.

(Pl.’s Ex. 8, at 4.) Reynolds and Hamby submitted to arbitration claims against M/I under the Ohio Home Construction Service Supplies Act, R.C. 4722.01, et seq., for breach of contract, violations of the Magnuson-Moss Warranty Act, breach of express warranty, negligence, and unjust enrichment. They sought actual damages in excess of $53,838.80. {¶ 4} The arbitration proceeded under AAA case No. 01-23-0001-8401, and all parties were represented by counsel throughout the arbitration proceedings, which included an oral evidentiary hearing on April 10, 2024. The arbitrator, counsel for the parties, and engineer Robert D’Angina viewed Reynolds and Hamby’s home prior to the oral hearing. Reynolds and Hamby presented testimony from Reynolds and D’Angina, and M/I presented testimony from its customer care manager, Pat Bridges. The parties also introduced exhibits without objections. These included the Purchase Contract between Reynolds, Hamby, and M/I, which contained the Home Warranty, a Customer Care Manual, a Home Maintenance Checklist, a New Home Orientation form dated July 6, 2022, and inspection reports drafted by Jonah Leary in January 2023 and D’Angina in December 2023. {¶ 5} On April 23, 2024, the arbitrator issued the Award of Arbitrator, in which he stated he had “duly heard all the proofs, documents, evidence, allegations and arguments of Claimants and Respondent” at the oral hearing. (Pl.’s Ex. F, Apr. 23, 2024 Award of Arbitrator at 1.) The arbitrator acknowledged Reynolds and Hamby’s claims for (1) removal/replacement work in the bathrooms; (2) power washing/painting of the home’s exterior; (3) installation of a roof drip edge; (4) caulk, crack, paint, cabinet, and countertop repair; (5) floor joist repair; (5) emotional distress; (6) treble damages under R.C. 1345.09; and (7) attorney fees and costs. The arbitrator rejected all of Reynolds and Hamby’s claims and demands and awarded no damages. The arbitrator ordered that Reynolds and Hamby bear the AAA administrative fees and that the parties equally bear the arbitrator’s compensation, and it ordered Reynolds and Hamby to reimburse M/I $800 for the portion of the administrative fees previously paid by M/I. The award stated, “This Award is in full No. 25AP-345 4

settlement of all claims submitted to this arbitration. All claims not expressly granted herein are denied.” Id. at 2. {¶ 6} On July 28, 2024, Reynolds and Hamby filed in the trial court a motion to vacate the arbitration award pursuant to R.C. 2711.10, along with a complaint against M/I, alleging unworkmanlike construction of their home. In their motion to vacate the arbitration award, Reynolds and Hamby argued that the arbitrator exceeded his authority and issued an award that was “in manifest disregard of Ohio law and the HCSSA.” (July 18, 2024 Mot. to Vacate at 12.) In their complaint, Reynolds and Hamby alleged that, shortly after moving into the home, they “discovered various construction defects, including, but not limited to, improperly installed tiles, grout, and caulking in the bathrooms; cracks between windowsills and frames, and buckling wooden floors.” (July 18, 2024 Compl. at 2.) They further alleged that M/I has failed to correct the issues with their home and has refused to allow them to hire contractors to make the necessary repairs at M/I’s expense. Reynolds and Hamby’s complaint acknowledged the arbitration proceedings that had been conducted on their claims for redress for M/I’s alleged breaches of contract and violations of statutes, including the HCSSA, and the arbitrator’s denial of any award. Like their demand for arbitration, the complaint asserted claims against M/I for breach of contract, violation of the HCSSA, negligence, and unjust enrichment. {¶ 7} M/I filed an answer to the complaint, in which it raised the doctrine of res judicata as a defense, and a combined application to confirm the arbitration award and memorandum in opposition to the motion to vacate.

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Bluebook (online)
2025 Ohio 5818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-mi-homes-of-cent-ohio-llc-ohioctapp-2025.