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LACEY v. HEALTHCARE AND RETIREMENT CORP.

No. 4D04-4450.

918 So.2d 333 (2005)

Joel E. LACEY, as Personal Representative of the Estate of Jessie E. Lacey, deceased, Appellant, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, authorized to operate Heartland Health Care Center—Boynton Beach d/b/a Heartland of Boynton Beach, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 9, 2006.

Attorney(s) appearing for the Case

Rebecca Mercier-Vargas and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Casey D. Shomo, Roca & Sharpe, P.A., West Palm Beach, for appellant.

Christopher B. Hopkins and Allison S. Miller-Bernstein of Cole, Scott & Kissane, P.A., West Palm Beach, for appellee.

TAYLOR, J.

Joel E. Lacey appeals an order compelling arbitration of this nursing home case. We conclude that the trial court erred in ordering arbitration, because this arbitration agreement violates public policy by defeating the purposes of Florida's remedial Nursing Home Resident's Act (NHRA). See § 400.0060 et seq., Fla. Stat. (2004).

The arbitration agreement in this case is identical to the agreement which this court found unconscionable...

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