THE ESTATE OF HELEN N. ETTING, BY AND THROUGH CHRISTIAN L. ETTING, PERSONAL REPRESENTATIVE, APPELLANT,
v.
REGENTS PARK AT AVENTURA, INC., APPELLEE
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A party is bound by a contract they sign, even if they did not read it, unless they were prevented from reading it or induced to refrain from reading it.
Plaintiff's mother, who was legally blind, signed a nursing home agreement with an arbitration clause. Plaintiff argued the agreement was invalid due …
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PER CURIAM.
The plaintiff, Christian Etting, appeals from an order granting the defendant’s, Regents Park at Aventura, Inc., motion to compel arbitration. The plaintiff argues that since the decedent, his mother, was legally blind at the time that she signed the agreement with the nursing home, that the agreement and its arbitration clause are invalid. We disagree.
It has long been held in Florida that one is bound by his contract. Unless one can show facts and circumstances to demonstrate that he was prevented from reading the contract, or that he was induced by statements of the other party to refrain from reading the contract it is binding. No party to a written contract in this state can defend against its enforcement on the sole ground that he signed it without reading it.
Allied Van Lines, Inc. v. Bratton, 351 So. 2d 344, 347-8 (Fla.1977) (citation omitted)(emphasis added). Here, the plaintiff failed to show that the decedent was coerced into signing the nursing home agreement or prevented by the defendant from knowing its contents. See Consol. Res. Healthcare Fund., Ltd. v. Fenelus, 853 So. 2d 500, 504 (Fla. 4th DCA 2003)(“A party normally is bound by a contract that the party signs unless the party can demonstrate that he or she was prevented from reading it or induced by the other party to refrain from reading it.”); Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So. 2d 311, 312 (Fla. 5th DCA 1985) (“As a matter of law a party who voluntarily executed a document knowing it is intended to establish contractual relationships between the parties but without reading it is bound by its terms in the absence of coercion, duress, fraud in the inducement or some other independent ground justifying rescission”).
Accordingly, we affirm.
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Citator
Cited By (12 total)
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Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005)…Fla. 2d DCA 2005) (decision vacated on rehearing); Tandem Health Care of St. Petersburg, 897 So. 2d 531 (Fla. 2d DCA 2005) (issue of validity of arbitration agreement required evidentiary hearing); Estate of Etting v. Regents Park at Aventura, Inc., 891 So. 2d 558 (Fla. 3d DCA 2004) (arbitration agreement not rendered invalid because resident was blind when she signed agreement without coercion or being prevented from knowing contents); Five Points Health Care Ltd. v. Alberts, 867 So. 2d 520 (Fla. 1st DCA 200…
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Rocky Creek Ret. Props., Inc. v. The Est. OF Va. B. FOX, 19 So. 3d 1105 (Fla. 2d DCA 2009)…tances to demonstrate that he was prevented from reading the contract, or that he was induced by statements of the other party to refrain from reading the contract, it is binding.”); Estate of Etting ex rel. Etting v. Regents Park at Aventura, Inc., 891 So. 2d 558, 558 (Fla. 3d DCA 2004) (holding that the fact that the decedent was legally blind when she signed the arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowi…
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Manorcare Health Servs., Inc. v. Stiehl, 22 So. 3d 96 (Fla. 2d DCA 2009)…2d 1248 (Fla. 1st DCA 2005); Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005); Extendicare Health Servs., Inc. v. Estate of Patterson, 898 So. 2d 989 (Fla. 5th DCA 2005); Estate of Etting v. Regents Park at Aventura, Inc., 891 So. 2d 558 (Fla. 3d DCA 2004); Richmond Healthcare, Inc. v. Digati, 878 So. 2d 388 (Fla. 4th DCA 2004); Five Points Health Care Ltd. v. Alberts, 867 So. 2d 520 (Fla. 1st DCA 2004); Algayer v. Health Ctr. of Panama City, Inc., 866 So. 2d 75 (Fla. 1st DCA 2003);…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allied van Lines, Inc. v. Ila M. Bratton, 351 So. 2d 344 (Fla. 1977)
- Merrill v. Lelia C. Benton, 467 So. 2d 311 (Fla. 5th DCA 1985)
- Consol. Res. Healthcare Fund I, Ltd. v. Fenelus, 853 So. 2d 500 (Fla. 4th DCA 2003)