THE ESTATE OF PHYLLIS A. RAMSEY, BY AND THROUGH RALPH E. RAMSEY, PERSONAL REPRESENTATIVE
v.
NORTHPORT HEALTH SERVICES OF FLORIDA, LLC, NHS MANAGEMENT, LLC AND RANDALL G. BLUE AS TO WEST MELBOURNE HEALTH AND REHABILITATION CENTER
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An arbitration agreement in a nursing home admission agreement is enforceable, but a provision applying Alabama Rules of Evidence to the arbitration hearing is unenforceable and severable.
[1] A provision in a nursing home admission agreement requiring that Alabama Rules of Evidence apply to an arbitration hearing is unenforceable under Florida law, but such pr…
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Join FLexlaw to unlock all legal intelligence“provision of rehabilitation center's admission agreement that Alabama Rules of Evidence apply to arbitration hearing was unenforceable, but provision was severable from remainder of agreement”
Court's citation to Northport Health Servs. of Fla., LLC v. Louis, 240 So. 3d 120, 123 (Fla. 5th DCA 2018)
The Estate of Phyllis A. Ramsey brought a nursing home abuse and neglect action against Northport Health Services and related entities. The defendants…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THE ESTATE OF PHYLLIS A. RAMSEY, BY AND THROUGH RALPH E. RAMSEY, PERSONAL REPRESENTATIVE,
Appellant,
v. Case No. 5D17-3906
NORTHPORT HEALTH SERVICES OF
FLORIDA, LLC, NHS MANAGEMENT, LLC, AND RANDALL G. BLUE (AS TO WEST
MELBOURNE HEALTH AND
REHABILITATION CENTER),
Appellees.
________________________________/
Opinion filed November 30, 2018
Non-Final Appeal from the Circuit Court for Brevard County, Stephen R. Koons, Judge.
Megan L. Gisclar and Joanna Greber Detloff, of Wilkes & McHugh, P.A., Tampa, for Appellant.
Christopher B. Hopkins and Mary F. April, of McDonald Hopkins, LLC, West Palm Beach, for Appellees.
PER CURIAM.
The Estate of Phyllis A. Ramsey (“the Estate”) brought a nursing home abuse and neglect action against the Appellees. The Estate challenges a non-final order granting
2 Appellees’ motion to compel arbitration. We affirm the trial court’s order compelling arbitration, but remand with instructions to sever from the arbitration agreement the provision applying the Alabama Rules of Evidence to the admissibility of evidence at the arbitration hearing. See Northport Health Servs. of Fla., LLC v. Louis, 240 So. 3d 120, 123 (Fla. 5th DCA 2018) (holding that provision of rehabilitation center’s admission agreement that Alabama Rules of Evidence apply to arbitration hearing was unenforceable, but provision was severable from remainder of agreement).
We decline to address the other argument raised on appeal by the Estate. See, e.g., Aills v. Boemi, 29 So. 3d 1105, 1109 (Fla. 2010) (stating that specific legal ground upon which claim is based must be raised at trial and, except in cases of fundamental error, claim different than that will not be heard on appeal).
AFFIRMED, in part; REVERSED, in part; and REMANDED.
EVANDER, WALLIS and HARRIS, JJ., concur.
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Authorities Cited
- Aills v. Luciano Boemi, M.D., 29 So. 3d 1105 (Fla. 2010)
- Northport Health Servs. OF Fla., LLC v. Rosiette Louis, 240 So. 3d 120 (Fla. 5th DCA 2018)