THE ESTATE OF JUDITH HODKINSON, BY AND THROUGH STEPHEN HODKINSON, PERSONAL
v.
FM RNC, LLC, HOLLYWOOD HILLS HOLDINGS, LLC, PREMIER HEALTHCARE MANAGEMENT, LLC,
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Where competent substantial evidence supports that a nursing home resident was competent when executing an admission agreement with an arbitration clause, the agreement is enforceable and arbitration must be compelled.
[1] An arbitration agreement in a nursing home admission agreement is enforceable where competent substantial evidence demonstrates the resident possessed the mental capacity…
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Join FLexlaw to unlock all legal intelligenceJudith Hodkinson executed an admission agreement with an arbitration clause when entering a nursing facility. After her death, her estate sued the fac…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-4199 Lower Tribunal No. 21-CA-001268 _____________________________
THE ESTATE OF JUDITH HODKINSON, by and through STEPHEN HODKINSON, Personal Representative, Appellant, v. FM RNC, LLC, HOLLYWOOD HILLS HOLDINGS, LLC, PREMIER HEALTHCARE MANAGEMENT, LLC, JONATHAN BLEIER, and TOBIAS BREDER (as to FORT MYERS REHABILITATION AND NURSING CENTER), Appellees. _____________________________
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County. Michael T. McHugh, Judge.
July 26, 2024
PER CURIAM.
Concluding that there was competent substantial evidence before the trial court that the decedent, Judith Hodkinson, was competent when she executed the admission agreement at issue, we affirm the order granting Appellees’ motions to abate and compel arbitration.
2
Appellant also asks that we remand for the trial court to clarify its order to specify the provision or provisions of the arbitration agreement that it severed pursuant to the agreement’s severability clause. Appellees have indicated that they do not object to a remand for this clarification. AFFIRMED; REMANDED with directions for the trial court to clarify its order to set forth what, if any, provisions in the arbitration agreement it intended to sever.
NARDELLA and BROWNLEE, JJ., and LAMBERT, B.D., Associate Judge, concur.
Lisa M. Tanaka, of Wilkes & Associates, P.A., Tampa, for Appellant.
Kathryn Dunnam Harden, James J. Maskowitz, and Luke A. Kiel, of Hall Booth Smith, P.C., Tampa, for Appellees.