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ESTATE OF YETTA NOVOSETT v. ARC VILLAGES II

No. 5D14-4385.

189 So.3d 895 (2016)

ESTATE OF YETTA NOVOSETT, etc., Appellant, v. ARC VILLAGES II, LLC, Arc Lady Lake, Inc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied April 26, 2016.

Attorney(s) appearing for the Case

Megan L. Gisclar , Isaac R. Ruiz-Carus and Kathleen Clark Knight , of Wilkes & McHugh, P.A., Tampa, for Appellant.

Thomas A. Valdez , of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and Robin Khanal , of Quintairos, Prieto, Wood & Boyer, Orlando, for Appellees.

We address the enforceability of an arbitration agreement in this dispute between the nursing home owner/operators and the estate of a deceased resident of the nursing home. Because the agreement contains an unenforceable cap on damages that goes to the "financial heart" of the agreement, we conclude that the entire agreement is unenforceable...

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