Legal Opinion

FI-POMPANO REHAB, LLC d/b/a POMPANO HEALTH & REHAB, etc. v. MARJORIE IRVING, etc., ESTATE OF MERCEDES NESBETH

District Court of Appeal of Florida

Decided July 5, 2017No. 4D16-3121Published

1Per curiam

FI-Pompano Rehab, LLC d/b/a Pompano Health and Rehabilitation Center (“Pompano Rehab”) appeals a non-final order denying its motion to compel arbitration. We reverse, because the arbitration agreement at issue was neither substantively or procedurally unconscionable.

Mercedes Nesbeth (“Nesbeth”) was admitted to Pompano Rehab, a rehabilitation and nursing center. Thirty-four days after Nesbeth was admitted, Marjorie Irving, (“Irving”), her daughter and power of attorney, signed on her behalf a Resident Admission Agreement that contained an arbitration provision in a section referred to as the…

2Cases cited12 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. Shotts v. OP Winter Haven, Inc.Supreme Court of Florida · 2011
  3. Fonte v. AT&T Wireless Services, Inc.District Court of Appeal of Florida · 2005
  4. Roberto Basulto v. Hialeah Automotive, etc.Supreme Court of Florida · 2014
  5. Orkin Exterminating Co., Inc. v. PetschDistrict Court of Appeal of Florida · 2004

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