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ZEPHYR HAVEN v. CLUKEY

No. 2D12-5978.

133 So.3d 1230 (2014)

ZEPHYR HAVEN HEALTH AND REHAB CENTER, INC.; Sunbelt Health Care Centers, Inc.; Adventist Health System/Sunbelt, Inc.; and Adventist Health System Sunbelt Healthcare Corporation, Appellants, v. The ESTATE OF ROY CLUKEY, by and through Brenda Lee Miller CLUKEY, Personal Representative, Appellee.

District Court of Appeal of Florida, Second District.

March 14, 2014.

Attorney(s) appearing for the Case

Mark B. Hartig and Amy L. Miles of McCumber, Daniels, Buntz, Hartig & Puig, P.A., Tampa, for Appellants.

Kathleen Clark Knight of Wilkes & McHugh, P.A., Tampa, for Appellee.

KELLY, Judge.

Zephyr Haven Health and Rehab Center, Inc. ("Zephyr Haven"), appeals the trial court's order denying its motion to dismiss and compel arbitration of the claims filed against it by Brenda Lee Miller Clukey, as personal representative of the Estate of Roy Clukey. For the reasons expressed below, we reverse and remand for further proceedings.

Mrs. Clukey, acting pursuant to a durable power of attorney signed by Mr. Clukey, admitted her husband to...

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