ADULT COMMUNITIES TOTAL SERVICES, INC. v. ESTATE OF ZIMMERMAN

No. 4D06-4020.

961 So.2d 1076 (2007)

ADULT COMMUNITIES TOTAL SERVICES, INC., a Commonwealth of Pennsylvania, not-for-profit corporation, Appellant, v. ESTATE OF Anna S. ZIMMERMAN and Frederick C. Ermel, Personal Representative of the Estate of Anna S. Zimmerman, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 6, 2007.


Attorney(s) appearing for the Case

Guy M. Shir and Patrick Dervishi of Kahan, Shir, P.L., Boca Raton, for appellant.

Casey Walker of Murphy & Walker P.L., Vero Beach, for appellees.


GROSS, J.

We reverse a summary final judgment entered in favor of appellees. The judgment awarded an entrance fee refund, with credits, arising after the termination of a resident contract with a continuing care facility. We agree with appellant that under the terms of the contract, a resident's entitlement to a refund depended upon the "termination" of the contract; termination did not become effective until either 30 days after receipt of notice of termination or...

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