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LAIZURE v. AVANTE AT LEESBURG, INC.

No. SC10-2132.

109 So.3d 752 (2013)

Debra LAIZURE, Petitioner, v. AVANTE AT LEESBURG, INC., et al., Respondents.

Supreme Court of Florida.

February 14, 2013.

Attorney(s) appearing for the Case

Donald Paul McCaskill of David & Philpot, P.L., Maitland, FL, for Petitioner.

Kelly Bagby , AARP Foundation Litigation, Washington, District of Columbia and George Vaka of Vaka Law Group, P.L., Tampa, FL, for Amicus Curiae AARP.

Teresa A. Arnold-Simmons and Thomas A. Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, FL, for Respondents Avante at Leesburg, Inc. and Avante Group, Inc.

Lisa Jean Augspurger of Bush & Augspurger, P.A., Orlando, FL, for Respondent Avante Care Ancillary Services, Inc.

Kari L. Aasheim of Mancuso & Dias, P.A., Tampa, FL, for Amicus Curiae Florida Health Case Association.

PARIENTE, J.

A nursing home patient, Harry Lee Stewart, signed an agreement providing for arbitration of disputes arising out of treatment and care at the nursing home. Stewart subsequently died, allegedly as a result of the nursing home's negligence. Through the personal representative, Debra Laizure, his survivors brought a cause of action in circuit court for deprivation of rights under the applicable nursing home statute and, alternatively, a wrongful death action...

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