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ESTATE OF DERESH EX REL. SCHNEIDER v. FS TENANT POOL III

No. 4D10-749.

95 So.3d 296 (2012)

The ESTATE OF Frances DERESH, by and through Lois SCHNEIDER, personal representative, Appellant, v. FS TENANT POOL III TRUST, FS Tenant Holding Company Trust, Five Star Quality Care, Inc., FGI Financing I Corporation, a/k/a CCC Financing I Corporation, Richard Markhoff, Femu Lewu a/k/a Funmilayo Ifemi Lewu (as to Forum at Deer Creek), Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 7, 2012.

Attorney(s) appearing for the Case

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

Thomas A. Valdez and Scott M. Teich of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for appellees, FS Tenant Pool III Trust, FS Tenant Holding Company Trust, Five Star Quality Care, Inc., FGI Financing I Corporation, a/k/a CCC Financing I Corporation, and Richard Markhoff.

Christopher W. Wadsworth and Mark A. Levine of Wadsworth Huott, LLP, Miami, for appellee, Femu Lewu a/k/a Funmilayo Ifemi Lewu (as to the Forum at Deer Creek).

GROSS, J.

The Estate of Frances Deresh timely appeals a non-final order compelling it to arbitrate its claims against the various defendants in this wrongful death action. We affirm the order compelling arbitration but remand to the circuit court with instructions to sever the punitive damages limitation from the arbitration agreement.

The estate sued various defendants involved with a nursing home facility. The estate...

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