MANOR CARE, INC.; MANOR CARE OF AMERICA, INC.; MANORCARE HEALTH SERVICES, INC.; MANOR CARE OF BOYNTON BEACH, INC.; PAMELA M. COX; LINDA HARKER A/K/A LINDA RAE HARKER; DOUGLAS POTTS; CATHY SPRAGUE A/K/A CATHY ANN SPRAGUE; JACQUELINE PERSHING A/K/A JACQUELINE LOUISE PERSHING; DEBORAH GOWING A/K/A DEBORAH KAY GOWING; BRENDA HEBDEN A/K/A BRENDA SUE HEBDEN; AND MARGARET THURSTON AS TO MANORCARE HEALTH SERVICES, APPELLANTS,
v.
THE ESTATE OF MARY LYNN KUHN, BY AND THROUGH DOUGLAS B. STALLEY, PERSONAL REPRESENTATIVE, APPELLEE
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Manor Care, Inc., and related entities and employees appeal a nonfinal order denying their motion to compel arbitration in this suit by the Estate of Mary Lynn Kuhn. The circuit court concluded that the arbitration agreement was unenforceable because its limits of liability violated public policy. However, this court has directed that arbitrators should, in the first instance, decide whether an arbitration agreement violates public policy. See Rollins, Inc. v. Lighthouse Bay Holdings, Ltd., 898 So.2d 86 (Fla. 2d DCA 2005); see also Jaylene, Inc. v. Steuer, 22 So.3d 711 (Fla. 2d DCA 2009). Accordingly, we reverse the order denying the motion to compel arbitration.
Reversed and remanded for further proceedings consistent with this opinion.
VILLANTI and CRENSHAW, JJ., Concur.
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Citator
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Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011)…e issue of whether contract provisions that violate public policy are severable. . We address, in the following order, claims (d), (c) and (f). We decline to address the remainder of Shotts’ claims. . See, e.g., Manor Care, Inc. v. Estate of Kuhn, 23 So. 3d 773, 774 (Fla. 2d DCA 2009); Jaylene, Inc. v. Steuer, 22 So. 3d 711, 713 (Fla. 2d DCA 2009); Bland v. Health Care & Retirement Corp. of Am., 927 So. 2d 252, 257-58 (Fla. 2d DCA 2006). . See Jaylene, 22 So. 3d at 713 ("We note that we are in conflict wi…
Authorities Cited
- Rollins, Inc. v. Lighthouse BAY Holdings, Ltd., 898 So. 2d 86 (Fla. 2d DCA 2005)
- Jaylene, Inc. v. Steuer, 22 So. 3d 711 (Fla. 2d DCA 2009)