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ALGAYER v. HEALTH CENTER OF PANAMA CITY, INC.

No. 1D03-0425.

866 So.2d 75 (2003)

Jacquelyn B. ALGAYER, as Personal Representative of the Estate of Hollis W. Algayer, deceased, Appellant, v. The HEALTH CENTER OF PANAMA CITY, INC., d/b/a St. Andrews Health & Rehabilitation Center, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 20, 2004.

Attorney(s) appearing for the Case

R. Waylon Thompson of Manuel & Thompson, P.A., Panama City; and Philip M. Burlington of Caruso & Burlington, P.A., West Palm Beach, for Appellant.

W. Benjamin Broadwater and James T. Patterson of Alford, Clausen & McDonald, LLC, Mobile, Alabama, for Appellee.

BROWNING, J.

This is an appeal from a nonfinal order compelling arbitration of Appellant's malpractice claim. We reverse.

FACTS

Appellant's husband, age 83, was transferred from a hospital to Appellee's nursing home. Upon his arrival, he signed and initialed the admission documents, which contained a clause requiring arbitration in the event of disagreements. The following day, Appellant arrived at St. Andrews to see her husband. She alleges...

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