Browns conclude pizza debacle

Grievance finally came to an end

We all love pizza.

The Northeast Ohio area has its share of great pizza joints, some of which have cult-like following. Several well-established Northeast Ohio pizza locations have garnered a true supporting crowd.

Some spots offer Chicago deep dish, old school, new school, thin crust, “Ohio style” and wood-fired. There is something for everyone to make your mouth water and satisfy your craving.

Places such as Westgate Pizza in Youngstown, Napoleon’s Pizza in Parma, Ohio Pie Company over in Brunswick, Cent’s Pizza, Edison’s Pizza Kitchen, and Mama Santa’s in Cleveland, Coccia House in Wooster, Lu’s Pizza in Grafton, or Antonio’s Pizzeria in Cleveland.

Or is that Antonio’s Pizza in Parma?

One would assume they are the same pizza joint, but they are not. Well, not exactly. They were, and now they are not.

One Antonio’s Pizza is the defendant in a lawsuit filed by the Cleveland Browns, while the other is not.

The issue involves two brothers, Vincent LoSchiavo and Joe LoSchiavo, who each own brick-and-mortar pizza restaurants called Antonio’s. Each used to be under one umbrella from a company that began in 1967 by their grandfather and then run by their father Fred LoSchiavo and his brothers. In 2005 with four restaurants, the two brothers and Fred bought out the uncles. That later became eight restaurants and then 16 with over 600 employees.

The facts begin in 2019. The Browns entered into a contract with Antonio’s Pizza, Inc. The deal was a sponsorship between the two in which the Browns would receive an annual fee of $156,560 and allowed Antonio’s to be known as the “Official pizza supplier of the Cleveland Browns.”

Team COO David Jenkins signed the contract while Vincent LoSchiavo inked the deal for Antonio’s. But apparently, it was the wrong Antonio’s.

A year later, the Browns claimed that Antonio’s had failed to live up to the agreement and did not pay what was agreed upon. The team then invoked an arbitration clause. Antonio’s stated that they were “mistakenly named” in the original agreement.

It seems the agreement that Vincent LoSchiavo signed named his restaurant group as “Antonio’s Pizza, Inc.” His restaurant group is “La Famiglia Management and Distribution, Inc.”

LINK: ANTONIO’S PIZZA

His brother Joe owns Antonio’s Pizza in Parma which is not affiliated with his brother Vincent and is what is listed on the contract when it was signed.

The wrong party was named on the agreement as Antonio’s Pizzeria is not affiliated with Antonio’s Pizza and Spaghetti.

Vincent LoSchiavo did not notice the error he asserted and stated he did not have the authority to sign papers for his brother’s name or business. Joe LoSchiavo stated his Antonio’s is “not related to the Antonio’s Pizza restaurants which are separately owned and operated by my brother and his sons.”

Vincent’s Antonio’s lists himself as Owner/Operator, Tyler LoSchiavo as Executive General Manager, and Anthony LoSchiavo as Owner/Operator, but Joe LoSchiavo is not. Both websites list their restaurants began in 1967.

Essentially, Vincent’s company with 16 locations had agreed with the Browns, but someone within the Browns organization had listed Joe’s company name with a single restaurant as the designation instead, hence the problem.

LINK: ANTONIO’S PIZZA AND SPAGHETTI – PARMA

The Browns alleged that Antonio’s had failed to pay monthly installments, and thus the franchise invoked an arbitration clause regarding non-payment. Antonio’s, that is Vincent’s Antonio’s, stated that the arbitrator lacked the proper jurisdiction because, after all, the wrong Antonio’s was named in the agreement.

Vincent claimed he is not an attorney and the contract was with Joe’s Antonio’s and not his own company and the fact that the bills were going to the wrong place and not getting paid was not on him or his company. His company did make payments for the first year without being billed but then stopped.

Regardless, the Browns were stating that somebody’s Antonio’s owes them $104,153.

The case ended up in arbitration.

The arbitrator did decide that there was sufficient jurisdiction to evaluate the sponsorship for “the simple reason that [Antonio’s] is a signatory” and the sponsorship contained a mandatory arbitration clause.

Antonio’s was ordered to pay the Browns the amount owed of $104,153. Antonio’s had three months by state law to file a motion challenging the award.

Joe LoSchiavo stated he never received a full copy and when he did, it was incomplete and so heavily redacted as to be incomprehensible. An arbitration award is private and often redacted.

The court also remained confused about which Antonio’s it was dealing with. Which brother owned this money?

Even though Antonio’s had a specified timetable to file and contest the request, they did not. Last year the Browns petitioned the Cuyahoga County Court of Common Pleas to confirm the arbitration award, and subsequently, the trial judge confirmed the award.

In a 22-page opinion, Court of Appeals Judge Eileen Gallagher upheld the trial court’s decision. She reasoned Antonio’s legal arguments are hampered by its failure to timely motion to vacate, modify, or correct the arbitration award. “It is long established,” she wrote, “that when a party fails to file a timely appeal of a final appealable order, it waives the right to appeal any errors contained within the order.”

Gallagher augmented that Antonio’s restaurant was the party the contract was with, and not whether one brother could sign a contract on behalf of the other brother.

Both Antonio’s, regardless of location, get a five-star review on their pies in our book.