Legal Opinion

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC

District Court of Appeal of Florida

Decided October 5, 2016No. 2D16-89PublishedCited by 6 opinions

1Opinion of the Court

MORRIS, Judge.

Joann Hochbaum, on behalf of her deceased husband Donald Hochbaum, appeals an order granting a motion to compel arbitration filed by defendants Palm Garden of Winter Haven, LLC; Palm Garden Healthcare Holdings, LLC; Palm Garden Healthcare Management, LLC, Summit Care II, Inc.; Summit Care Consulting, Inc.; and Summit Care, Inc. (collectively referred to as the nursing home defendants). We conclude that the arbitration agreements at issue contain an attorneys’ fees provision that violates public policy but that the offending provision may be severed from the agreements.…

2Cases cited20 opinions

  1. Paladino v. Avnet Computer Technologies, Inc.Court of Appeals for the Eleventh Circuit · 1998
  2. Shotts v. OP Winter Haven, Inc.Supreme Court of Florida · 2011
  3. Global Travel Marketing, Inc. v. SheaSupreme Court of Florida · 2005
  4. Fonte v. AT&T Wireless Services, Inc.District Court of Appeal of Florida · 2005
  5. Roberto Basulto v. Hialeah Automotive, etc.Supreme Court of Florida · 2014

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3Cited by6 opinions

  1. Vanacore Constr., Inc. v. OsbornDistrict Court of Appeal of Florida · 2018
  2. Rockledge NH, LLC v. Miley Ex Rel. MileyDistrict Court of Appeal of Florida · 2017
  3. Bean v. ES Partners, Inc.District Court, S.D. Florida · 2021
  4. CAROL F. JOHNSON v. HEARTLAND OF FORT MYERS, FL, LLCDistrict Court of Appeal of Florida · 2018
  5. Kennedy v. Home Performance Alliance, Inc.District Court, M.D. Florida · 2023

1 more not listed; retrieve them via the Exa API.

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