A.K. AND W.K., INDIVIDUALLY, ETC., APPELLANTS,
v.
ORLANDO HEALTH, INC., ETC., ET AL., APPELLEES
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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 Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration 'and remand to the trial court for further procéedings. We also certify that this decision. conflicts with Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014).
REVERSED AND REMANDED; CONFLICT CERTIFIED
LAWSON, C.J., COHEN and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Klemish v. Alex Villacastin, M.D., 216 So. 3d 14 (Fla. 5th DCA 2016)…he 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. Id. at 496. Relying on Crespo, we reached a similar result in A.K. v. Orlando Health, Inc., 186 So. 3d 626 (Fla. 5th DCA 2016). The A.K. opinion, in its entirety, reads as follows: A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfinal order compelling contractual arbitration. The arbitration provision in this case is subst…
Authorities Cited
- Leydiana Santiago and Armando Ocasio v. Marisa Baker, M.D., 135 So. 3d 569 (Fla. 2d DCA 2014)
- Lualhati Crespo and Jose Crespo v. Hernandez, 151 So. 3d 495 (Fla. 5th DCA 2014)