Legal Opinion
Estate of Smith v. Southland Suites of Ormond Beach, LLC
District Court of Appeal of Florida
Decided January 8, 2010No. 5D08-3383PublishedCited by 4 opinions
1Per curiam
The Estate of Ellen Smith (“the estate”) appeals a non-final order compelling arbi tration of its claims against Southland Group and the other appellees for nursing home abuse associated with Smith’s death. This Court has jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The estate argues that the durable power of attorney (“DPOA”) Smith’s daughter acted under in executing Smith’s nursing home admission contract did not authorize her to consent to arbitrate claims arising from Smith’s nursing home care. We disagree, and affirm.
The DPOA in this case did not…
2Cases cited7 opinions
- Alterra Healthcare Corp. v. BryantDistrict Court of Appeal of Florida · 2006
- Jaylene, Inc. v. MootsDistrict Court of Appeal of Florida · 2008
- McKibbin v. Alterra Health Care Corp.District Court of Appeal of Florida · 2008
- Jaylene, Inc. v. Steuer Ex Rel. ParadiseDistrict Court of Appeal of Florida · 2009
- In Re Estate of SchriverDistrict Court of Appeal of Florida · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Irons Ex Rel. Springer v. Arcadia Healthcare, L.C.District Court of Appeal of Florida · 2011
- LTCSP-ST. Petersburg, LLC v. RobinsonDistrict Court of Appeal of Florida · 2012
- Ellen Lucille Smith, etc. v. Southland Suites of Ormond Beach, LLC.Supreme Court of Florida · 2014
- MANOR OAKS, INC. d/b/a MANOR OAKS NURSING & REHABILITATION CENTER v. ROSEMARIE CAMPBELL, as Personal Representative of the ESTATE OF STANLEY CHANSONDistrict Court of Appeal of Florida · 2019