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MN MEDINVEST CO. v. ESTATE OF NICHOLS

No. 2D04-3237.

908 So.2d 1178 (2005)

MN MEDINVEST CO., L.P., JBGE/Medinvest Inc., John B. Goodman Enterprises, Inc., Sage Company, Sidney A. Goodman, John B. Goodman, Rebecca Blaise, Sharon Stelbasky, Patrick Dauchot, Barbara Gallaher, and Frank Safy (as to Sabal Palm Health Care Center), Appellants, v. The ESTATE OF Melissa Lee NICHOLS, by and through Terrena D. NICHOLS, personal representative, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 2005.

Attorney(s) appearing for the Case

Betsy E. Gallagher, Scott A. Cole, and Alyssa A. Ruge of Cole, Scott & Kissane, P.A., Tampa, for Appellants.

Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., and Kimberley M. Kohn of Wilkes & McHugh, P.A., Tampa, for Appellee.

WHATLEY, Judge.

The Appellants challenge the nonfinal order denying their motion to stay and/or to compel arbitration of the claims filed against them by Terrena Nichols (the Mother), as personal representative of the estate of her deceased minor daughter. In the order, the trial court found that the Mother did not have authority to waive her daughter's constitutional right to a jury trial by signing a contract for her daughter's medical care that contained an arbitration...

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