EMERITUS CORP. v. PASQUARIELLO

No. 2D11-6014.

95 So.3d 1009 (2012)

EMERITUS CORPORATION; Emeritus Management, LLC; and Mary Beth Skoyec (as to Emeritus at College Park a/k/a College Park Club), Appellants, v. Kathleen M. PASQUARIELLO, as Personal Representative of the Estate of John J. Pasquariello, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 2012.


Attorney(s) appearing for the Case

James D. Moriarty and Melissa M. Burghardt of Lewis Brisbois Bisgaard & Smith, LLP, Tampa, for Appellants.

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


LaROSE, Judge.

Emeritus Corporation appeals a nonfinal order denying its motion to compel arbitration in a nursing home negligence suit filed by the Estate of John J. Pasquariello. The trial court ruled that Mr. Pasquariello's durable power of attorney did not authorize his attorney-in-fact, Mrs. Pasquariello, to sign an arbitration agreement in the nursing home admission contract. We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(B), 9.130(a)(3)(C)(iv)...

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