Florida's 5th DCA Affirms Order Compelling Arbitration
November 21, 2014
Today Florida's 5th District Court of Appeal affirmed an order of the trial court compelling the parties to arbitrate claims of nursing home negligence and violation of resident rights. Plaintiff had argued the arbitration provision at issue violated Florida's public policy.
The issue ended up in the appeals court following the entry of an Order granting a Motion to Abate and Compel Arbitration filed and argued by Sisco-Law. Plaintiff filed its notice of appeal and Sisco-Law prepared the brief on behalf of the facility.
The Court of Appeal rejected Plaintiff's argument the Admission Agreement and its arbitration provision violated public policy and was therefore unenforceable. The 5th District concluded the arbitration provision did not limit Plaintiff's available remedies.