ALLAN RUSH, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011)
  …ges). And the Second District Court of Appeal has held that such a provision is severable, regardless of whether the agreement contained a severability clause and even when it included a nonseverability clause. See Gessa v. Manor Care of Fla., Inc., 4 So. 3d 679 (Fla. 2d DCA 2009) (finding severability where contract capped noneconomic [*476] damages, precluded punitive damages, and had no severability clause), quashed, 86 So. 3d 484 (Fla.2011); Stiehl (finding sever-ability where contract capped noneconomi…
• Gessa v. Manor Care OF Fla., Inc., 86 So. 3d 484 (Fla. 2011)
  …PERRY, J. Angela I. Gessa seeks review of the decision of the Second District Court of Appeal in Gessa v. Manor Care of Florida, Inc., 4 So. 3d 679 (Fla. 2d DCA 2009), on the ground that it expressly and directly conflicts with a decision of another Florida district court of appeal on a question of law.1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. I. BACKGROUND Angela Gessa was a…

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• Manorcare Health Servs., Inc. v. Stiehl, 22 So. 3d 96 (Fla. 2d DCA 2009)
  …So. 2d 259, 266 (Fla. 2d DCA 2004). Significant in our decisions has been that the arbitration agreement permit severance of any provisions challenged on grounds of public policy. For instance, in Gessa ex rel. Falatek v. Manor Care of Fla., Inc., 4 So. 3d 679, 682 (Fla. 2d DCA 2009), we concluded that although the arbitration agreement lacked a severability clause, the trial court properly compelled arbitration because the remedial limitations could be severed by the arbitrator. Likewise, in Shotts v. OP…