MICHAEL R. WILSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BRENDA L. GWIN
v.
PINNACLE HEALTH FACILITIES, XXIII, LP
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A party seeking to compel arbitration must demonstrate that the signatory to an arbitration agreement possessed apparent authority to bind the principal to that agreement.
[1] A party seeking to compel arbitration bears the burden of proving that the arbitration agreement is valid and enforceable.
[2] A principal is bound by the acts of an agent acting with apparent authority.
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Join FLexlaw to unlock all legal intelligence“reversing the trial court's order compelling arbitration because the record failed to demonstrate that the signatory of an arbitration agreement possessed the apparent authority to sign that arbitration agreement on behalf of the principal”
Court's citation to Stalley v. Transitional Hosps. Corp. of Tampa as controlling precedent
Michael R. Wilson, as personal representative of Brenda L. Gwin's estate, appealed an order staying a wrongful death lawsuit against Pinnacle Health F…
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PER CURIAM.
Michael R. Wilson, as Personal Representative of the Estate of Brenda L.
Gwin, appeals an order that stayed the Estate's wrongful death lawsuit against Pinnacle Health Facilities, XXIII, LP (Pinnacle), and that compelled arbitration of their dispute.
On appeal, the Estate argues that because Pinnacle neglected to demonstrate that Mr. Wilson possessed the apparent authority to bind Ms. Gwin to Pinnacle's arbitration agreement, the trial court erred by compelling arbitration. After careful review, we agree and reverse the trial court's order staying the Estate's lawsuit and referring the case to arbitration. See Stalley v. Transitional Hosps. Corp. of Tampa, 44 So. 3d 627, 633 (Fla. 2d DCA 2010) (reversing the trial court's order compelling arbitration because the record failed to demonstrate that the signatory of an arbitration agreement possessed the apparent authority to sign that arbitration agreement on behalf of the principal).
Reversed and remanded for further proceedings in accordance with this opinion.
KHOUZAM, SALARIO, and BADALAMENTI, JJ., Concur.
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Authorities Cited
- Stalley v. Transitional Hosps. Corp. OF Tampa, Inc., 44 So. 3d 627 (Fla. 2d DCA 2010)