BRETT PLEASANT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (12 total)

• Mendez v. Hampton Court Nursing Ctr., LLC, 203 So. 3d 146 (Fla. 2016)
  …., LLC, 100 So. 3d 146, 147-48 (Fla. 5th DCA 2012); Fletcher v. Huntington Place Ltd. P’ship, 952 So. 2d 1225, 1227 (Fla. 5th DCA 2007); Lepisto v. Senior Lifestyle Newport Ltd. P’ship, 78 So. 3d 89, 92 (Fla. 4th DCA 2012); In re Estate of McKibhin, 977 So. 2d 612, 613 (Fla. 2d DCA 2008). These decisions analyzed the facts using an agency law framework and held that a resident was not bound by a contract that he or she did not sign, where the signing party did not agree to the contract on the resident’s behal…

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• Jaylene, Inc. v. Moots, 995 So. 2d 566 (Fla. 2d DCA 2008)
  …with the statute confirms our conclusion concerning the attorney-in-fact’s authority to consent to arbitration. In support of affirmance, Ms. Moots relies on this court’s decision in McKibbin v. Alterra Health Care Corp. (In re Estate of McKibbin), 977 So. 2d 612 (Fla. 2d DCA 2008). In McKibbin, the resident at an assisted living facility did not sign the residency agreement that included an arbitration agreement. Id. at 613. Instead, [*570] the resident’s son signed on his mother’s behalf under a durable po…
• Carrington Place OF ST. Pete, LLC v. The Est. OF Jennie Milo, 19 So. 3d 340 (Fla. 2d DCA 2009)
  …person’s behalf, a trial court is incorrect to grant a nursing home’s motion to compel arbitration based on an admission agreement entered into by the attorney-in-fact. See Estate of McKibbin v. Alterra Health Care Corp. (In re Estate of McKibbin), 977 So. 2d 612 (Fla. 2d DCA), review denied, 987 So. 2d 79 (Fla.2008). Cf. Jaylene, Inc. v. Moots, 995 So. 2d 566, 568 (Fla. 2d DCA 2008) (holding that an attorney-in-fact had the authority under a POA to agree to an arbitration clause in a nursing home admission…