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TANDEM HEALTH CARE v. WHITNEY

No. 2D04-2262.

897 So.2d 531 (2005)

TANDEM HEALTH CARE OF ST. PETERSBURG, INC., a Florida corporation, Appellant, v. Janet Lee WHITNEY, as Personal Representative of the Estate of Richard I. Mugridge, deceased, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 2005.

Attorney(s) appearing for the Case

Connolly C. McArthur and Donna J. Fudge of Buckley & Fudge, P.A., St. Petersburg, for Appellant.

D. Keith Thomas of Santa Lucia & Thomas, P.A., Clearwater, for Appellee.

WALLACE, Judge.

Tandem Health Care of St. Petersburg, Inc. (Tandem), appeals an order denying its motion to compel arbitration. Because the trial court declined to conduct an evidentiary hearing before determining Tandem's right to arbitration, we reverse and remand for further proceedings.

In November 2001, Richard Mugridge resided in a nursing home operated by Tandem in St. Petersburg. After Mr. Mugridge's death, Janet Lee Whitney (the Personal Representative...

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