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ESTATE OF IRONS EX REL. SPRINGER v. ARCADIA HEALTHCARE, L.C.

No. 2D10-5712.

66 So.3d 396 (2011)

The ESTATE OF Nettie IRONS, by and through her Daughter, June SPRINGER, as Personal Representative, Appellant, v. ARCADIA HEALTHCARE, L.C., d/b/a Dove Healthcare at Lake Wales, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 2011.

Attorney(s) appearing for the Case

Valeria Hendricks of Harmon, Woods, Parker, Hendricks & Abrunzo, P.A., Tampa, for Appellant.

Dale R. Sisco and Kristi Neher Davisson , Tampa, for Appellee.

LaROSE, Judge.

The Estate of Nettie Irons appeals a nonfinal order compelling arbitration of claims under the wrongful death and nursing home statutes against Arcadia Healthcare, L.C. See §§ 400.023, 768.21, Fla. Stat. (2009). We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(iv). The Estate argues that Mrs. Irons' power of attorney did not authorize her surrogate to consent to arbitration. We agree and reverse.

Mrs. Irons resided...

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