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FIVE POINTS HEALTH CARE, LTD. v. MALLORY

No. 1D08-3383.

998 So.2d 1180 (2008)

FIVE POINTS HEALTH CARE, LTD., d/b/a Lakeside, Nursing and Rehabilitation Center, Appellant, v. Carlene MALLORY, as Next Friend of Alfreda Mallory, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2008.

Attorney(s) appearing for the Case

V. James Facciolo of Hayden & Facciolo, P.A., Amelia Island, for Appellant.

William A. Dean of Ford, Dean & Mallard, P.A., Miami, for Appellee.

BARFIELD, J.

In this appeal, a nursing home challenges an order denying its motion to compel arbitration in a nursing home resident's rights lawsuit filed by Carlene Mallory, as next friend of her mother, Alfreda Mallory. We reverse.

The nursing home admission agreement which contained the arbitration clause was signed by Carlene Mallory under the durable power of attorney (POA) granted her by her mother. The "Durable Power of Attorney" signed by Alfreda Mallory...

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