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RICHMOND HEALTHCARE, INC. v. DIGATI

No. 4D03-1276.

878 So.2d 388 (2004)

RICHMOND HEALTHCARE, INC., a foreign corporation, d/b/a Sunrise Health and Rehabilitation Center, Appellant, v. Philip A. DIGATI, Personal Representative, Estate of Samuel N. Sloane, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 19, 2004.

Attorney(s) appearing for the Case

Alex Finch, Winter Park, for appellant.

Laura B. Zebersky and Jason Corsover of Zebersky and Associates, P.A., Plantation, for appellee.

FARMER, C.J.

A nursing home (Sunrise) appeals an order refusing to enforce an agreement to arbitrate plaintiff's action for damages alleging negligent care and violations of chapter 400, part II, Florida Statutes. We reverse.

The nursing home admission contract contained the following provision:

"any action, dispute, claim, or controversy of any kind ... now existing or hereinafter arising between the parties in any way arising out of, pertaining...

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