SHUSHANNA HILL-BECTON
v.
MIA AESTHETICS CLINIC, LLC, ET AL.
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A party challenging arbitration provisions on unconscionability grounds must establish both procedural and substantive unconscionability, and the plaintiff failed to meet this burden.
[1] To challenge an arbitration agreement as unconscionable, a party must establish both procedural and substantive unconscionability; failure to prove either element defeats…
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Join FLexlaw to unlock all legal intelligence“The litigant must establish both procedural and substantive unconscionability.”
Court explaining the burden assumed by a litigant seeking to avoid arbitration
Shushanna Hill-Becton underwent a cosmetic procedure at MIA Aesthetics Clinic and Sol Plastic Surgery. The parties' contract contained arbitration pro…
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Third District Court of Appeal State of Florida
Opinion filed January 7, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0072 Lower Tribunal No. 24-10823-CA-01 ________________
Shushanna Hill-Becton, Appellant,
vs.
MIA Aesthetics Clinic, LLC, et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Russomanno & Borrello, P.A., and Christopher Russomanno and Robert J. Borrello; Wasson & Associates, Chartered, and Roy D. Wasson, for appellant.
Falk, Waas, Hernandez, Solomon, Mendlestein & Davis, P.A., and Scott L. Mendlestein and Jessica M. Hernandez, for appellees MIA Aesthetics Clinic, LLC and Sol Plastic Surgery, LLC.
Before SCALES, C.J., and EMAS and MILLER, JJ.
2
PER CURIAM.
Appellant Shushanna Hill-Becton, the plaintiff below, appeals a nonfinal order granting a motion to compel arbitration filed by the defendants below, appellees Lauren M. Wright, D.O., Mia Aesthetics Clinic, LLC and Sol Plastic Surgery, LLC. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(I).
“Courts must consider three elements when ruling on a motion to compel arbitration: ‘(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.’” Lemos v. Sessa, 319 So. 3d 135, 139 (Fla. 3d DCA 2021) (quoting Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla. 1999)). In this appeal, as below, Hill-Becton challenges only the first element, claiming that the parties do not have a valid agreement to arbitrate because the arbitration provisions contained in the parties’ contract are purportedly unconscionable. Because, on our de novo review,1 we agree with the trial court that Hill- Becton failed to establish that the subject arbitration provisions are both procedurally and substantively unconscionable, we affirm the challenged
2 We decline Hill-Becton’s invitation to decide, in the first instance, whether the contract’s arbitration provisions are violative of public policy. We express no opinion regarding this separate and distinct issue that the record reflects remains unadjudicated by, and pending in, the trial court.
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