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CORNWELL v. KENNEDY

No. 2D11-105.

79 So.3d 935 (2012)

Andrea Jo CORNWELL, Appellant, v. Sandra Sue KENNEDY, as Personal Representative of the Estate of Joseph G. Bush; SA-PG Sun City Center, LLC; SA-PG Operator Holdings, LLC f/k/a New Rochelle Administrators, LLC; New Surfside Administrators, LLC d/b/a Cypress Healthcare Management; SA-Master Operator Holdings, LLC; Harris Schwartzberg; Schwartzberg Descendent Trust; Steven Schwartzberg Trust; Harris Schwartzberg Trust; Judith Schwartzberg Trust; Maxwell Stolzberg; Sherill Cummings as to Palm Garden of Sun City, Appellees.

District Court of Appeal of Florida, Second District.

February 17, 2012.

Attorney(s) appearing for the Case

Amy L. Miles , E. Patrick Buntz and Kyleen A. Hudson of McCumber, Daniels, Buntz, Hartig & Puig, P.A., Tampa, for Appellant.

Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellee Sandra Sue Kennedy, as Personal Representative for the Estate of Joseph G. Bush.

No appearance for remaining Appellees.

CRENSHAW, Judge.

Andrea Jo Cornwell appeals the trial court's nonfinal order denying a motion to compel arbitration of the claims brought against her by Sandra Kennedy, as personal representative of the Estate of Joseph G. Bush. Because the trial court's factual findings are not supported by competent, substantial evidence and because it erred as a matter of law in concluding that the arbitration agreement was procedurally unconscionable, we reverse and remand for...

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