TORTS: NURSING HOME NEGLECT: ARBITRATION: TRIAL COURT ERRED BY GRANTING MOTION TO COMPEL ARBITRATION BECAUSE NURSING HOME PRODUCED ONLY SIGNATURE PAGE OF ARBITRATION AGREEMENT, LEAVING THE MATERIAL TERMS OF THE AGREEMENT SUBJECT TO QUESTION

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Davis v. Hearthstone Senior Communities, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D268 (Fla. 2d DCA January 23, 2015)

The trial court erred by granting a nursing home’s motion to compel arbitration because the nursing home produced only the signature page of a seven page agreement, leaving the terms of the agreement subject to question. The record “fail[ed] … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NURSING HOMES: DEFAULT FINAL JUDGMENT: APPEALS: COMMISSIONERS: APPELLATE COURT APPOINTS COMMISSIONER TO MAKE FACTUAL FINDINGS TO DETERMINE WHETHER CORPORATE APPELLANT HAD BEEN DISSOLVED FOR FAILING TO FILE AN ANNUAL REPORT: DISSOLVED CORPORATIONS: CORPORATE DEFENDANT THAT WAS DISSOLVED FOR FAILING TO FILE AN ANNUAL REPORT WAS PRECLUDED BY SECTION 607.1622(8), FLORIDA STATUTES, FROM APPEALING ADVERSE JUDGMENT: STANDING: NONPARTY LACKS STANDING TO APPEAL JUDGMENT AGAINST DEFENDANT: CERTIORARI: NONPARTY WITHOUT STANDING TO APPEAL MAY FILE PETITION FOR CERTIORARI IF IT IS ADVERSELY AFFECTED BY ORDER; INJUNCTIONS: INJUNCTIONS ENTERED AGAINST NONPARTIES WITHOUT NOTICE AND OPPORTUNITY TO BE HEARD VIOLATE DUE PROCESS; CIVIL PROCEDURE: DISCOVERY: ATTORNEY-CLIENT PRIVILEGE: CRIME-FRAUD EXCEPTION: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY DETERMINING THAT CRIME-FRAUD EXCEPTION TO ATTORNEY CLIENT PRIVILEGE APPLIED BECAUSE TRIAL COURT FAILED TO CONDUCT PROPERLY NOTICED EVIDENTIARY HEARING, CONSIDERED UNAUTHENTICATED DOCUMENTS CONTAINING MULTIPLE LAYERS OF HEARSAY, AND THE IMPROPERLY ADMITTED DOCUMENTS DID NOT SUPPORT A FINDING OF FRAUD: MOOTNESS: APPELLATE COURT QUASHES MOOT DISCOVERY ORDER BASED UPON EXISTENCE OF CRIME-FRAUD EXCEPTION TO ATTORNEY-CLIENT PRIVILEGE BECAUSE APPELLEE WAS USING ORDER TO CONVINCE COURTS TO SANCTION ALLEGED FRAUDFEASOR: APPELLATE COURT ADMONISHES TRIAL JUDGES TO PROTECT UNREPRESENTED PARTIES FROM OVEREACHING BY THEIR ADVERSARIES

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Trans Health Management Inc. v. Nunziata, ___ So. 3d ___, 40 Fla. L. Weekly D43 (Fla. 2d DCA December 19, 2014)

The plaintiff, in a wrongful death action against a nursing home, recovered a default judgment for $60 million in compensatory damages and $140 million in punitive damages. The defendant was defaulted because it did not answer the plaintiff’s second … Click To Read Full Case Law Review...

TORTS: NURSING HOME NEGLECT: ARBITRATION: ARBITRATION AGREEMENT WAS ENFORCEABLE BECAUSE IT DID NOT LIMIT AVAILABLE REMEDIES: TRIAL COURT ERRED BY FAILING TO ENFORCE PROVISIONS OF AGREEMENT REQUIRING APPLICATION OF FLORIDA SUBSTANTIVE LAW AND ALABAMA PROCEDURAL RULES ON DISCOVERY

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Hancock v. Northport Health Services of Florida, LLC., ___ So. 3d ___, 39 Fla. L. Weekly D2444 (Fla. 5th DCA November 21, 2014)

The appellate court affirmed an order compelling the personal representative of an estate to arbitrate claims of nursing home neglect.  The arbitration agreement did not violate the public policy because it did not limit the plaintiff’s … Click To Read Full Case Law Review...

TORTS: NURSING HOME NEGLECT: ARBITRATION: ARBITRATION AGREEMENT WAS NOT BINDING UPON NURSING HOME RESIDENT’S ESTATE BECAUSE THE RESIDENT DID NOT SIGN THE AGREEMENT, HIS WIFE SIGNED AS THE FINANCIALLY RESPONSIBLE PARTY, RATHER THAN THE RESIDENT’S REPRESENTATIVE, AND THERE WAS NO EVIDENCE THAT THE WIFE WAS AUTHORIZED TO SIGN ON BEHALF OF HER HUSBAND: RESIDENT WAS NOT A THIRD PARTY BENEFICIARY BECAUSE NOBODY SIGNED THE AGREEMENT ON BEHALF OF THE RESIDENT OR AS HIS LEGAL REPRESENTATIVE

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Sovereign Healthcare of Tampa, LLC v. Yarawsky, ___ So. 3d ___, 39 Fla. L. Weekly D2346 (Fla. 2d DCA November 7, 2014)

An arbitration agreement was not binding upon a nursing home resident’s estate because the resident did not sign the agreement, his wife signed as the financially responsible party, rather than as the resident’s representative, and there was no … Click To Read Full Case Law Review...

TORTS: NURSING HOME NEGLECT: ARBITRATION: ARBITRATION AGREEMENT, SIGNED BY DAUGHTER AS HER MOTHER’S LEGALLY AUTHORIZED REPRESENTATIVE, WAS BINDING UPON THE MOTHER’S ESTATE, ALTHOUGH THE TITLE AND TWO PORTIONS OF THE AGREEMENT WERE OBSCURED

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Greenbrook NH, LLC v. Sayre, ___ So. 3d ___, 39 Fla. L. Weekly D2348 (Fla. 2d DCA November 7, 2014)

The decedent’s daughter, as her mother’s legally authorized representative, signed an arbitration agreement with a nursing home.  The trial court refused to enforce the agreement because the title and two provisions were obscured.  The appellate court reversed.  “The missing language … Click To Read Full Case Law Review...