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BEDFORD HEALTH PROPS. v. ESTATE OF DAVIS

No. 2007-CA-00945-COA.

50 So.3d 362 (2010)

BEDFORD HEALTH PROPERTIES, LLC, Bedford Care Center of Hattiesburg, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Park Management Corp., Michael McElroy, Jr. and Robert Perry, Appellants v. The ESTATE OF Theodore DAVIS, by and through Patricia DAVIS, Individually and as Personal Representative of the Estate of Theodore Davis, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Theodore Davis, Appellee.

Court of Appeals of Mississippi.

September 28, 2010.

Attorney(s) appearing for the Case

Steven Mark Wann , Heather Marie Aby , Marjorie Selby Busching , Jackson, attorneys for appellants.

Annette Elise Bulger Mathis , Ridgeland, Douglas Bryant Chaffin , attorneys for appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

GRIFFIS, J., for the Court:

¶ 1. The motion for rehearing is granted. The original opinion of this court is withdrawn, and this opinion is substituted in lieu thereof.

¶ 2. This appeal involves a nursing home admission agreement containing an arbitration clause. The two pertinent issues are: (1) whether the arbitration clause was rendered invalid by changes in the procedural rules of the arbitration...

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