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ORLANIS v. OAKWOOD TERRACE SKILLED NURSING

No. 3D05-2366.

971 So.2d 811 (2007)

The ESTATE OF Ida ORLANIS, by and through Mary Ellen MARKS, Personal Representative, Appellant, v. OAKWOOD TERRACE SKILLED NURSING AND REHABILITATION CENTER, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied December 13, 2007.

Attorney(s) appearing for the Case

Susan B. Morrison, Tampa; Wilkes & McHugh and John R. Cummings, Tampa, for appellant.

Cole, Scott & Kissane and Christopher B. Hopkins and Allison S. Miller-Bernstein, West Palm Beach; Wicker, Smith, O'Hara, McCoy, Graham & Ford and Shelley H. Leinicke and Rachel I. Turner, Fort Lauderdale, for appellees.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied December 13, 2007.

SHEPHERD, J.

The Estate of Ida Orlanis appeals a non-final order compelling arbitration. See Fla. R.App. P. 9.130(a)(3)(C)(iv). We conclude the appellees waived their right to arbitrate by seeking the benefits of the rules of discovery before filing their motion to arbitrate and accordingly reverse the order on appeal.

Oakwood Terrace Skilled Nursing and Rehabilitation Center is a skilled...

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