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MANOR CARE, INC. v. ESTATE OF KUHN

No. 2D08-267.

23 So.3d 773 (2009)

MANOR CARE, INC.; Manor Care of America, Inc.; Manorcare Health Services, Inc.; Manor Care of Boynton Beach, Inc.; Pamela M. Cox; Linda Harker a/k/a Linda Rae Harker; Douglas Potts; Cathy Sprague a/k/a Cathy Ann Sprague; Jacqueline Pershing a/k/a Jacqueline Louise Pershing; Deborah Gowing a/k/a Deborah Kay Gowing; Brenda Hebden a/k/a Brenda Sue Hebden; and Margaret Thurston as to Manorcare Health Services, Appellants, v. The ESTATE OF Mary Lynn KUHN, by and through Douglas B. STALLEY, Personal Representative, Appellee.

District Court of Appeal of Florida, Second District.

November 25, 2009.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, Matthew J. Conigliaro, Edward W. Collins, and Annette Marie Lang of Carlton Fields, P.A., St. Petersburg, for Appellants.

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

NORTHCUTT, Judge.

Manor Care, Inc., and related entities and employees appeal a nonfinal order denying their motion to compel arbitration in this suit by the Estate of Mary Lynn Kuhn. The circuit court concluded that the arbitration agreement was unenforceable because its limits of liability violated public policy. However, this court has directed that arbitrators should, in the first instance, decide whether an arbitration agreement violates public policy. See...

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