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SOVEREIGN HEALTHCARE v. ESTATE OF HUERTA

No. 2D08-4352.

14 So.3d 1033 (2009)

SOVEREIGN HEALTHCARE OF TAMPA, LLC, a/k/a Sovereign Healthcare of Tampa, LLC, d/b/a Sovereign Healthcare of Tampa (as to Bayshore Pointe Nursing & Rehab Center), Appellant, v. The ESTATE OF Florinda HUERTA, by and through Dennis HUERTA, Personal Representative, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 2009.

Attorney(s) appearing for the Case

Keith M. Hoffman of McIntyre, Panzarella, Thanasides, Eleff & Hoffman, P.A., Temple Terrace, for Appellant.

Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., Tampa, and Isaac R. Carus-Ruiz of Wilkes & McHugh, P.A., Tampa, for Appellee.

DAVIS, Judge.

Sovereign Healthcare of Tampa, LLC (Sovereign), appeals the trial court's order denying its motion to compel arbitration in the action for negligence, wrongful death, and breach of fiduciary duty brought against Sovereign by the Estate of Florinda Huerta. We reverse.

On July 21, 2001, Florinda Huerta executed a durable power of attorney (POA) appointing her daughter-in-law as her attorney-in-fact. On May 13, 2006, Ms. Huerta entered a nursing...

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