ALDO BERTI, APPELLANT,
v.
CEDARS HEALTHCARE GROUP, LTD., APPELLEE
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The dissenting opinion argues that certiorari should be denied because a discovery order compelling the production of photographs of other patients in a psychiatric ward does not impermissibly infringe upon the privacy rights of non-party patients.
The dissenting opinion believes that the discovery order does not impermissibly infringe on the privacy rights of other patients and that certiorari should be denied.
A plaintiff voluntarily admitted to a psychiatric ward for bipolar disorder alleged sexual assaults by other patients. The trial court ordered the pro…
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PER CURIAM.
Because it affirmatively appears that the appellant was personally liable, see § 673.4021(2)(b), Fla. Stat. (1995); Spofford v. Hanna, 102 Fla. 261, 135 So. 536 (1931); Williamson v. Bertino, 685 So. 2d 93 (Fla. 4th DCA 1997); De Maria v. Potamkin, 680 So. 2d 1061 (Fla. 3d DCA 1996); Steele v. Hallandale, Inc. 125 So. 2d 587 (Fla. 2d DCA 1960), on a guarantee of the provisions of an agreement, which included an arbitration clause, between the appellee and another person, see Management Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d 627 (Fla. 1st DCA 1999); Quix Snaxx, Inc. v. Sorensen, 710 So. 2d 152 (Fla. 3d DCA 1998), he was bound as a matter of law to arbitrate the instant dispute. See Asplundh Tree Expert Co. v. Bates, 71 F. 3d 592 (6th Cir.1995); Cuningham Hamilton Quiter, P.A v. B.L. of Miami, Inc., 776 So. 2d 940 (Fla. 3d DCA 2000); Quix, 710 So. 2d at 152; Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980). Accordingly, the order below requiring arbitration is
Affirmed.
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Citator
Cited By
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August J. Ceradini v. IGT Servs., Inc., 959 So. 2d 348 (Fla. 3d DCA 2007)…ough the Guarantee Agreement does not contain an arbitration provision, the law is clear that an arbitration [*351] provision in the main agreement is to be read into any corresponding guarantee agreement. See Berti v. Cedars Healthcare Group, Ltd., 812 So. 2d 580, 581 (Fla. 3d DCA 2002). When the terms of one contract are intertwined with another, the public policy in favor of arbitration compels that the parties abide by an arbitration provision that is only located in one of the contracts. See Cuningham Ha…
Authorities Cited
- Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d 627 (Fla. 1st DCA 1999)
- VIC Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980)
- Silva v. Joseph Kalbac, M.D., 776 So. 2d 940 (Fla. 3d DCA 2000)
- Quix Snaxx, Inc. v. Sorensen, 710 So. 2d 152 (Fla. 3d DCA 1998)
- Spofford v. Hanna, 102 Fla. 261 (Fla. 1931)
- Steele v. Hallandale, Inc., 125 So. 2d 587 (Fla. 2d DCA 1960)
- Williamson v. Bertino, 685 So. 2d 93 (Fla. 4th DCA 1997)
- Jaqueline A. Salcines v. State of Fla., Unemployment Appeals Comm'n, & Richards & Assocs., P.A., 680 So. 2d 1061 (Fla. 3d DCA 1996)
- de Maria v. Potamkin, 680 So. 2d 1061 (Fla. 3d DCA 1996)