FRANKS v. BOWERS

No. 1D10-3078.

62 So.3d 16 (2011)

Donna FRANKS, as Personal Representative of the Estate of Joseph James Franks, Sr., Deceased, Appellant, v. Gary John BOWERS, M.D., Benjamin M. Piperno, III, M.D., and North Florida Surgeons, P.A., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 20, 2011.


Attorney(s) appearing for the Case

Thomas S. Edwards, Jr. , Jennifer K. Millis , and Eric C. Ragatz , of Edwards & Ragatz, P.A., Jacksonville, for Appellant.

Kelly B. Mathis and Laurie M. Lee , of Mathis & Murphy, Jacksonville, for Appellees.

Bryan S. Gowdy , of Creed & Gowdy, P.A., Jacksonville, for the Florida Justice Association, amicus curiae.

Andrew S. Bolin , of Beytin, Bolin, McLaughlin & Willers, P.A., Tampa, for the Florida Defense Lawyers Association, amicus curiae.


CLARK, J.

The appellant challenges an order by which the circuit court stayed the appellant's wrongful death and medical negligence action, and compelled arbitration pursuant to a doctor-patient agreement. In contesting that ruling, the appellant contends that the contractual agreement was misconstrued, that it is otherwise void as being contrary to public policy, and unconscionable. However, the appellant has not established any such infirmity with regard to the...

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