NORTHPORT HEALTH
v.
ESTATE OF GERTRUDE R. CHAMPAGNE
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An arbitration agreement is enforceable and must be compelled despite a provision applying Alabama Rules of Evidence to the arbitration hearing, which is severable as procedurally unconscionable, while the provision applying Alabama Rules of Civil Procedure to discovery does not violate public policy.
[1] A provision in an arbitration agreement requiring the application of another state's rules of evidence to the admissibility of evidence at an arbitration hearing is again…
[2] A provision in an arbitration agreement requiring the application of another state's rules of evidence to the admissibility of evidence at an arbitration hearing is sever…
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Join FLexlaw to unlock all legal intelligenceNorthport Health Services sought to compel arbitration of a dispute with the estate of Gertrude R. Champagne based on an arbitration agreement that co…
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WALLIS, J.
Northport Health Services of Florida, LLC d/b/a West Melbourne Health and
Rehabilitation Center, appeals the trial court's order denying Northport's motion to compel arbitration with Gloria Olsen, as personal representative of the Estate of Gertrude R.
Champagne.
We have recently addressed the enforceability of an identical arbitration agreement in Northport Health Services of Florida, LLC v. Louis, 43 Fla. L. Weekly D505 (Fla. 5th DCA Mar. 2, 2018). We held in Louis that the provision requiring Alabama's
Rules of Evidence to control the admissibility of evidence at arbitration was against public policy, and that the provision was severable because it concerns procedure. Id. at D506.
However, we also held that the provision requiring the application of Alabama Rules of
Civil Procedure to the parties' conduct of pre-hearing discovery does not violate public policy because no convincing argument was raised as to why the application is problematic. Id.
Here, the parties raise essentially the same arguments. Accordingly, we reverse and remand with instructions to the trial court to grant Northport's motion to compel and to sever from the arbitration agreement the provision applying the Alabama Rules of
Evidence to the admissibility of evidence at the arbitration hearing. Id.; see also Hancock v. Northport Health Servs. of Fla., LLC, 150 So. 3d 1262, 1263 (Fla. 5th DCA 2014) (affirming an order compelling arbitration of an identical arbitration agreement).
REVERSED and REMANDED, with Instructions.
SAWAYA and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Northport Health v. Est. of Gertrude R. Champagne, 239 So. 3d 1293 (Fla. 5th DCA 2018)
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Est. OF Wallace B. Martin v. Northport Health Servs. OF Fla., L.L.C., 238 So. 3d 1281 (Fla. 5th DCA 2018)
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Est. OF Janice Goodbread v. Northport Health Servs. OF Fla., L.L.C., 238 So. 3d 1292 (Fla. 5th DCA 2018)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sylvia Hancock as personal v. Northport Health Servs. OF Fla., LLC, 150 So. 3d 1262 (Fla. 5th DCA 2014)
- Northport Health v. Est. of Gertrude R. Champagne, 239 So. 3d 1293 (Fla. 5th DCA 2018)