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TAMPA HCP, LLC v. BACHOR

No. 2D11-505.

72 So.3d 323 (2011)

TAMPA HCP, LLC; Emeritus Corporation; HCP, Inc.; and Sotam, LLC (as to Southerland Place n/k/a Emeritus at Northdale), Appellants, v. Nancy BACHOR, as Personal Representative of the Estate of Kathleen Truxell, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

October 26, 2011.

Attorney(s) appearing for the Case

Kirsten K. Ullman and Bruce D. Peisner of Lewis Brisbois Bisgaard & Smith, LLP, Tampa, for Appellants.

Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellee.

VILLANTI, Judge.

Tampa HCP, LLC; Emeritus Corporation; HCP, Inc.; and SOTAM, LLC, (collectively referred to as Emeritus) appeal the trial court's order denying their motion to compel arbitration of the claims brought against them by Nancy Bachor, as personal representative of the Estate of Kathleen Truxell. The trial court concluded that Ms. Bachor had not knowingly and voluntarily waived the right to trial by jury. We reverse because the trial court's factual findings...

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