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SABRA HEALTH CARE v. ESTATE OF DESANTIS

No. 2D21-571.

331 So.3d 1258 (2022)

SABRA HEALTH CARE HOLDINGS III, LLC; Sabra Health Care Limited Partnership; Sabra Health Care, LLC; and Sabra Health Care REIT, Inc., Petitioners, v. The ESTATE OF Carol DESANTIS, BY AND THROUGH Anthony Steven DESANTIS, successor personal representative; Skyline Health Care, LLC a/k/a Skyline Healthcare, LLC; Skyline Management Group, LLC; Sun Island Capital, LLC; Sun Island Healthcare, LLC; Joseph Schwartz; Clear Water Care and Rehabilitation Center, LLC; 703 South 29th Street Spe, LLC; Laurel Point Care and Rehabilitation Center, LLC; West Jacksonville Care and Rehabilitation, LLC; Atlantic Care and Rehabilitation Center, LLC; Auburndale Oaks Care and Rehabilitation Center, LLC; Laurel Point Holding, LLC; FC Lending-Sunshine, LLC; Pacific Western Bank Corporation; Integrated Health Services at Central Florida, Inc.; Lyric Health Care Holdings III, LLC; Lyric Health Care, LLC; Lyric HC Operations Acquisition, LLC; Capital Funding Group, Inc.; Montani Investors, LLC; Ridge Crest Health Care, LLC; Addit, LLC; SLC Professionals Chai, LLC; SLC Professionals Holdings, LLC; John Dwyer; Alan J. Zuccari; and Timothy F. Nicholson, Respondents.

District Court of Appeal of Florida, Second District.

January 14, 2022.

Attorney(s) appearing for the Case

Seth M. Schimmel of Phelps Dunbar LLP, Tampa, for Petitioners.

Lisa M. Tanaka of Wilkes & Associates, P.A., Tampa, for Respondents, Estate of DeSantis.

Kenneth N. Johnson of Mesches & Johnson P.L., Palm Beach Gardens, for Respondents, Integrated Health, Lyric Health Care Holdings III, Lyric Health Care, Lyric HC Operations Acquisition, Capital Funding, Ridge Crest Health, Addit, SLC Professionals Chai, SLC Professionals Holdings, Dwyer, and Nicholson.

No Appearance for remaining Respondents.

Sabra Health Care Holdings III, LLC; Sabra Health Care Limited Partnership; Sabra Health Care, LLC; and Sabra Health Care REIT, Inc. (collectively, "Sabra") seek certiorari review of an order denying their motion to dismiss the complaint filed by the Estate of Carol DeSantis. Granting this petition turns on whether the DeSantis Estate...

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