GENERAL ELEC. CAPITAL CORP. v. SHATTUCK

Nos. 2D13-3702, 2D13-4279, 2D13-3712, 2D13-4294, 2D13-3741, 2D13-3742, 2D13-3743, 2D13-4276, 2D13-3744, 2D13-4274, 2D13-3757, 2D13-4234, 2D13-3779, 2D13-4236.

132 So.3d 908 (2014)

GENERAL ELECTRIC CAPITAL CORPORATION, Appellant, v. Brenda S. SHATTUCK, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased; Trans Healthcare, Inc.; and THI Holdings, LLC, Appellees. Ventas, Inc., and Ventas Realty, Limited Partnership, Appellants, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased, and Trans Healthcare, Inc., Appellees. Rubin Schron, Appellant, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased; Trans Healthcare, Inc.; and THI Holdings, LLC, Appellees. THI Holdings, LLC., Appellant, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased, and Trans Healthcare, Inc., Appellees. GTCR Golder Rauner, LLC.; GTCR Fund VI, L.P.; GTCR Partners VI, L.P.; GTCR Executive Fund, L.P.; GTCR Associates VI; and Edgar D. Jannotta, Jr., Appellants, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased, and Trans Healthcare, Inc., Appellees. Fundamental Administrative Services, LLC, and THI of Baltimore, Inc., Appellants, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased; Trans Healthcare, Inc.; and THI Holdings, LLC, Appellees. Fundamental Long Term Care Holdings, LLC; Murray Forman; and Leonard Grunstein, Appellants, v. Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend, Deceased; Trans Healthcare, Inc.; and THI Holdings, LLC, Appellees.

District Court of Appeal of Florida, Second District.

February 14, 2014.


Attorney(s) appearing for the Case

James C. Valenti of Valenti Campbell Trohn Tamayo & Aranda, Lakeland; Neal Kumar Katyal of Hogan Lovells US LLP, Washington, D.C.; and Carol A. Licko of Hogan Lovells US LLP, Miami, for Appellant General Electric Capital Corporation.

Sylvia H. Walbolt and Matthew J. Conigliaro of Carlton Fields, P.A., Tampa; A. Lamar Matthews, Jr. , and Hunter W. Carroll of Matthews Eastmore , Sarasota; and David J. Bradford of Jenner & Block LLP, Chicago, Illinois, for Appellants Ventas, Inc., and Ventas Realty, Limited Partnership.

Stephen H. Grimes , Stacy D. Blank , and Joseph H. Varner, III , of Holland & Knight LLP, Tampa; and Barry Richard of Greenberg Traurig, P.A., Tallahassee, for Appellant Rubin Schron.

Mark N. Miller of GrayRobinson, P.A., Lakeland; and Gabor Balassa and Matthew Nirider of Kirkland & Ellis LLP, Chicago, Illinois, for Appellants THI Holdings, LLC; GTCR Golder Rauner, LLC.; GTCR Fund VI, L.P.; GTCR Partners VI, L.P.; GTCR Executive Fund, L.P.; GTCR Associates VI; and Edgar D. Jannotta, Jr.

Gerald B. Cope, Jr. , and Nancy A. Copperthwaite of Akerman Senterfitt, Miami, for Appellants Fundamental Administrative Services, LLC, and THI of Baltimore, Inc.

Matthew Triggs and Lisa Markofsky of Proskauer Rose LLP, Boca Raton, for Appellants Fundamental Long Term Care Holdings, LLC; Murray Forman; and Leonard Grunstein.

Isaac Ruiz-Carus , Bennie Lazzara, Jr. , and Joseph H. Ficarrotta of Wilkes & McHugh, P.A., Tampa, for Appellee Brenda S. Shattuck, as Personal Representative of the Estate of Arlene Anne Townsend.

No appearance for Appellee Trans Healthcare, Inc.


KHOUZAM, Judge.

In January 2009, the Estate of Arlene Townsend — the Appellee in these consolidated proceedings — brought an action for negligence and wrongful death against the nursing home in which Ms. Townsend spent the last years of her life, also naming as defendants various management entities and others.1 Eventually an entity known as Trans Healthcare, Inc. (THI), remained as the only defendant.2...

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