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GAINESVILLE HEALTH CARE CENTER, INC. v. WESTON

No. 1D02-5101.

857 So.2d 278 (2003)

GAINESVILLE HEALTH CARE CENTER, INC., as licensee and d/b/a Integrated Health Services at Gainesville, Appellant, v. Margaret WESTON, as Personal Representative of the Estate of Isabella Brooks, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 23, 2003.

Attorney(s) appearing for the Case

R. Daniel Noey and Charles G. Eichhorn, Jr., of Dore, Lanier, Noey, & Fannin, Chartered, Jacksonville, for Appellant.

Gerald D. Schackow of Schackow & Mercadante, PA, Gainesville, for Appellee.

WEBSTER, J.

Appellant seeks review of a non-final order denying its motion to compel arbitration and abate appellee's civil action. We have jurisdiction. Art. V, § 4(b)(1), Fla. Const.; Fla. R.App. P. 9.030(b)(1)(B), 9.130(a)(3)(C)(iv). The trial court held that appellant is not entitled to arbitration because the arbitration provision is unconscionable. We conclude that the trial court's determination that the arbitration provision is procedurally unconscionable...

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