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NEW PORT RICHEY MEDICAL INVESTORS v. STERN

No. 2D09-214.

14 So.3d 1084 (2009)

NEW PORT RICHEY MEDICAL INVESTORS, LLC, d/b/a Life Care Center of New Port Richey; Forrest L. Preston; Developers Investment Company II, Inc.; Life Care Center of America, Inc., a/k/a Life Care Center of America, Inc. of Tennessee, a/k/a Life Care Center of America; Kimberly Smith, a/k/a Kimberly Ann Smith; and Kerri Deren, n/k/a Kerri D. Harmon (as to Life Care Center of New Port Richey), Appellants, v. Dorothy STERN, by and through Debra PETSCHER, Attorney-in-Fact, Appellee.

District Court of Appeal of Florida, Second District.

June 5, 2009.

Attorney(s) appearing for the Case

Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellants New Port Richey Medical Investors, LLC; Forrest L. Preston; Developers Investment Company II, Inc.; and Life Care Center of America, Inc.

No appearance for Appellants Kimberly Smith and Kerri Deren.

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

WALLACE, Judge.

In this appeal we are asked to determine whether an agreement for arbitration between a nursing home resident and a nursing home is enforceable when the organization designated in the agreement to administer the arbitration is unavailable. Because section 682.04, Florida Statutes (2007), provides that the court shall appoint one or more arbitrators if the method for appointment of arbitrators agreed on in the parties' agreement fails or for any reason...

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