NORTHPORT HEALTH SERVICES, ETC., APPELLANT,
v.
ESTATE OF VERVIL M. RAIDOJA, ETC., APPELLEE
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A Florida court affirmed the denial of a nursing home's motion to compel arbitration of a wrongful death claim, holding that an arbitration clause requiring arbitration in Alabama was unenforceable under Florida law because arbitration cannot be compelled to occur in a foreign jurisdiction.
The court held that the arbitration provision is not enforceable because Florida courts cannot compel arbitration that is required to occur in a foreign jurisdiction. The arbitration clause is fatally flawed due to the conflict between the arbitration provision and the exclusive venue clause requiring proceedings in Tuscaloosa County, Alabama.
[1] An arbitration agreement is unenforceable if it requires arbitration to take place in a foreign jurisdiction, over objection.
[2] A contract provision mandating that venue shall be exclusively in a foreign jurisdiction renders an arbitration clause within the same contract unenforceable in Florida c…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although public policy favors the enforcement of arbitration agreements, this one is fatally flawed.”
Establishes that despite general policy favoring arbitration, this particular agreement has fatal defects that prevent enforcement.
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Join FLexlaw to unlock all legal intelligenceAfter the estate of Vervil M. Raidoja filed suit against Northport Health Services and its parent company for nursing home abuse, the nursing home fil…
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PLEUS, J.
In this nursing home abuse case, we affirm an order denying the nursing home’s motion to abate and to compel arbitration. After the decedent’s estate filed suit against the nursing home and its par ent company, the nursing home filed a motion to abate and to compel arbitration pursuant to an arbitration provision in an admission agreement between the nursing home and the decedent.
The order on appeal states:
Although public policy favors the enforcement of arbitration agreements, this one is fatally flawed. Another paragraph of the same Admission Agreement states that the laws of the state of Alabama shall control interpretation, construction, and enforcement of the contract, and that venue shall be proper exclusively in Tuscaloosa County, Alabama. If an arbitration clause, such as this one, calls for arbitration that is to take place in a foreign jurisdiction, Florida courts cannot, over objection, compel arbitration. Post Tensioned Engineering Corp. v. Fairways Plaza Associates, 412 So. 2d 871 (Fla. 3d DCA 1982), see also Damora v. Stresscon Intl., Inc., 324 So. 2d 80 (Fla.1976).
The admission agreement states that “Tuscaloosa County, Alabama shall be the sole and exclusive venue for any litigation, special proceeding, or any other proceeding between the parties that may arise out of, in connection with, or by reason of this Agreement.” We agree with the circuit court that the arbitration provision is not enforceable because the agreement requires arbitration to occur in another state. Damora; Post Tensioned Engineering.
Because of our affirmance on this issue, we need not address the additional issues raised by the parties.
AFFIRMED.
SHARP, W., and PETERSON, JJ„ concur.
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Cited By
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Manorcare Health Servs., Inc. v. Stiehl, 22 So. 3d 96 (Fla. 2d DCA 2009)…DCA 2003); Romano, 861 So. 2d at 61; Gainesville Health Care Ctr., Inc. v. Weston, 857 So. 2d 278 (Fla. 1st DCA 2003); Consol. Res. Healthcare Fund I, Ltd. v. Fenelus, 853 So. 2d 500 (Fla. 4th DCA 2003); Northport Health Servs. v. Estate of Raidoja, 851 So. 2d 234 (Fla. 5th DCA 2003); Integrated Health [*105] Servs. of Green Briar, Inc. v. Lopez-Silvero, 827 So. 2d 338 (Fla. 3d DCA 2002).…
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W. Melbourne Health Care Ctr. v. Durham, 861 So. 2d 1256 (Fla. 5th DCA 2003)…PER CURIAM. See Northport Health Services v. Estate of Raidoja, 851 So. 2d 234 (Fla. 5th DCA 2003). AFFIRMED. SHARP, W., PETERSON and GRIFFIN, JJ., concur.…
Authorities Cited
- Post Tensioned Eng'g Corp. & Commercial Constr. Corp. v. Fairways Plaza Assocs., 412 So. 2d 871 (Fla. 3d DCA 1982)
- Damora v. Stresscon Int'l, Inc., 324 So. 2d 80 (Fla. 1975)