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LAUREL POINT CARE v. ESTATE OF DESANTIS

No. 4D20-873, No. 4D20-2712, No. 4D20-2367 (previously consolidated with 20-2387) No. 4D20-2387 4D20-873 4D20-2712 4D20-2367 4D20-2387.

323 So.3d 186 (2021)

LAUREL POINT CARE AND REHABILITATION CENTER, LLC, and Donna Wildes (as to Laurel Pointe Care and Rehabilitation Center), Appellants, v. ESTATE OF Carol DESANTIS BY AND THROUGH Felix DESANTIS, Appellee. Laurel Point Care and Rehabilitation Center, LLC, Laurel Point Holding, LLC, Sun Island Capital, LLC, Sun Island Healthcare, LLC, Joseph Schwartz, Skyline Healthcare, LLC, Skyline Central Billing Office, LLC, Skyline Management Group, LLC, 703 South 29th Street SPE, LLC, Donna Wildes, and Yolette Jean-Louis Martelly (as to Laurel Pointe Care and Rehabilitation Center), Appellants, v. Willie J. Howard Jr., Appellee. Laurel Point Care and Rehabilitation Center, LLC, Skyline Management Group, LLC, Donna Wildes, and Yolette Jean-Lois Martelly, Appellants, v. Estate of Marion H. Kirby, by and Through Marion K. McKinney, Personal Representative, et al., Appellees. Integrated Health Services at Central Florida, Inc., Lyric Health Care Holdings III, Inc., n/k/a Lyric Health Care Holdings III, LLC, Lyric Health Care, LLC, Lyric Hc Operations Acquisition, LLC, John Dwyer, and Timothy F. Nicholson, Appellants, v. Estate of Marion H. Kirby, by and Through Marion K. McKinney, Personal Representative, et al. Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 2021.

Attorney(s) appearing for the Case

Thomas A. Valdez , Vilma Martinez , and Kimberly J. Lopater of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for appellants.

Lisa M. Tanaka and Jason R. Delgado of Wilkes & Associates, P.A., Tampa, for appellee.

Amy L. Dilday of McCumber , Daniels, Buntz, Hartig, Puig & Ross, P.A., Tampa, for appellants.

Lisa M. Tanaka and Jason R. Delgado of Wilkes & Associates, P.A., Tampa, for appellee.

Amy L. Dilday of McCumber, Daniels, Buntz, Hartig, Puig & Ross, P.A., Tampa, for appellants.

Lisa M. Tanaka and Jason R. Delgado of Wilkes & Associates, P.A., Tampa, for appellee Marion K. McKinney.

Kenneth N. Johnson of Mesches & Johnson, P.L., Palm Beach Gardens, for appellants.

Lisa M. Tanaka and Jason R. Delgado of Wilkes & Associates, P.A., Tampa, for appellee Marion K. McKinney.

We reverse the orders denying the motions to compel arbitration in these consolidated appeals. The trial court exceeded its authority by determining an issue that was clearly delegated to the arbitrator. The court concluded that the arbitration agreement did not satisfy a requirement in the arbitration rules that the agreement be a "separate...

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