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JMC v. VNA

No. 4D10-1803.

72 So.3d 184 (2011)

JUPITER MEDICAL CENTER, INC., Appellant, v. VISITING NURSE ASSOCIATION OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 10, 2011.

Attorney(s) appearing for the Case

Michael G. Austin and Matthew D. Grosack of McDermott Will & Emery LLP, Miami, for appellant.

David B. Earle of Ross Earle & Bonan, P.A., Stuart, for appellee.

THORNTON, JOHN W., JR., Associate Judge.

Appellant brought the action below to vacate an arbitral award on the ground that it was based on an illegal contract. Appellee filed both a motion to dismiss and a motion to enforce the award. The trial court did not address the issue of the contract's legality, dismissed Appellant's action and entered an order enforcing the arbitral award. Because a Florida court cannot enforce an illegal contract, we reverse and remand for...

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