Curcio v. Sovereign Healthcare of Boynton Beach L.L.C.

Plaintiff, Adrienne Curcio, appeals the trial court’s order granting the defendant’s motion to compel arbitration and dismiss her lawsuit. Because the trial court failed to conduct an evidentiary hearing pursuant to section 682.03(1), Florida Statutes (2005), on plaintiffs unconscionability challenge to the enforceability of the arbitration provision, we reverse and remand for such a hearing.

The plaintiff, as personal representative of the Estate of Angelina Lanzetta and in her personal capacity, sued Sovereign Healthcare of Boynton Beach, L.L.C. d/b/a Boynton Beach Nursing and Rehab Center…