LUALHATI CRESPO AND JOSE CRESPO, APPELLANTS,
v.
EILEEN HERNANDEZ, M.D. AND WOMEN'S CARE FLORIDA, LLC D/B/A PARTNERS IN WOMEN'S HEALTHCARE, APPELLEES
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The arbitration agreement at issue violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Franks v. Bowers, 116 So.3d 1240, 1248 (Fla.2013) (“Because the Legislature explicitly found that the MMA was necessary to lower the costs of medical care in this State, we find that any contract that seeks to enjoy the benefits of the arbitration provisions under the statutory scheme must necessarily adopt all of its provisions.”). Therefore, we reverse the order rendered by the trial court compelling binding arbitration pursuant to the arbitration agreement under review. We certify conflict with the decision of the Second District Court of Appeal in Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014). We remand this case to the trial court for further proceedings.
REVERSED; REMANDED; CONFLICT CERTIFIED.
TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.
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Eileen Hernandez, M.D. v. Lualhati Crespo, 211 So. 3d 19 (Fla. 2016)…QUINCE, J. This case is before the Court for review of the decision of the Fifth District Court of Appeal in Crespo v. Hernandez, 151 So. 3d 495 (Fla. 5th DCA 2014). The district court certified that its decision is in direct conflict with the decision of the Second District Court of Appeal in Santiago v. Baker, 135 So. 3d 569 (Fla. 2d DCA 2014). We have jurisdiction. See art. V, § 3(b)(4),…
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A.K. and W.K. v. Orlando Health, Inc., 186 So. 3d 626 (Fla. 5th DCA 2016)…CURIAM. A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfi-nal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So. 3d 495 (Fla. 5th DCA 2014),- review granted, 171 So. 3d 116 (Fla.2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statute…
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Women's Care Fla., LLC v. A.G. and P.G., 196 So. 3d 574 (Fla. 5th DCA 2016)…PER CURIAM. AFFIRMED. See Crespo v. Hernandez, 151 So. 3d 495 (Fla. 5th DCA 2014), review granted, 171 So. 3d 116 (Fla.2015). We certify conflict with Santiago v. Baker, 135 So. 3d 569 (Fla. 2d DCA 2014). ORFINGER, TORPY and COHEN, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Franks v. Gary John Bowers, M.D., 116 So. 3d 1240 (Fla. 2013)
- Leydiana Santiago and Armando Ocasio v. Marisa Baker, M.D., 135 So. 3d 569 (Fla. 2d DCA 2014)