Legal Opinion

Sovereign Healthcare of Tampa, LLC v. Estate of Huerta Ex Rel. Huerta

District Court of Appeal of Florida

Decided May 22, 2009No. 2D08-4352PublishedCited by 7 opinions

1Opinion of the Court

DAVIS, Judge.

Sovereign Healthcare of Tampa, LLC (Sovereign), appeals the trial court’s order denying its motion to compel arbitration in the action for negligence, wrongful death, and breach of fiduciary duty brought against Sovereign by the Estate of Florin-da Huerta. We reverse.

On July 21, 2001, Florinda Huerta executed a durable power of attorney (POA) appointing her daughter-in-law as her at-tomey-in-fact. On May 13, 2006, Ms. Huerta entered a nursing home operated by Sovereign. At that time, Ms. Huerta’s daughter-in-law signed the necessary admission documents, which included an…

2Cases cited2 opinions

  1. Jaylene, Inc. v. MootsDistrict Court of Appeal of Florida · 2008
  2. McKibbin v. Alterra Health Care Corp.District Court of Appeal of Florida · 2008

3Cited by7 opinions

  1. Curto v. Illini Manors, Inc.Appellate Court of Illinois · 2010
  2. Laizure v. Avante at Leesburg, Inc.District Court of Appeal of Florida · 2010
  3. Estate of Irons Ex Rel. Springer v. Arcadia Healthcare, L.C.District Court of Appeal of Florida · 2011
  4. Hodge v. Unihealth Post-Acute Care of Bamberg, LLCCourt of Appeals of South Carolina · 2018
  5. Estate of Smith v. Southland Suites of Ormond Beach, LLCDistrict Court of Appeal of Florida · 2010

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