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COLEMAN v. MARINER HEALTH CARE, INC.

No. 27362.

407 S.C. 346 (2014)

755 S.E.2d 450

Ann COLEMAN, individually, and as Personal Representative of the Estate of Mary Brinson, Respondent, v. MARINER HEALTH CARE, INC., f/k/a Mariner Post Acute Network, LLC, Mariner Health Care Management Company, Mariner Health Central, Inc., Mariner Health Group, Inc., MHC Holding Company, MHC Florida Holding Company, MHC Gulf Coast Holding Company, MHC MidAmerica Holding Company, MHC Rocky Mountain Holding Company, MHC Northeast Holding Company, MHC West Holding Company, MHC Texas Holding Company, MHC MidAtlantic Holding Company, Living Centers-Southeast, Inc., Grancare South Carolina, Inc., Individually and d/b/a Faith Health Care Center, SavaSeniorCare Management, LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare, LLC, SavaSeniorCare, Inc., National Senior Care, Inc., Palmetto Health Care, LLC, Palmetto Faith Operating, LLC, Individually and d/b/a Faith Health Care Center, Ask Holdings, LLC, Leonard Grunstein, an Individual, Murray Forman, an Individual, Boyd P. Gentry, an Individual, Abraham Shaulson, a/k/a Abraham Shavlson, a/k/a A. Shawson, a/k/a Abraham Shawson, an Individual, Avi Klein, an Individual, SC Property Holdings, LLC, SC Faith, LLC, and John Does 1-26, Defendants, Of whom Mariner Health Care, Inc., f/k/a Mariner Post Acute Network, LLC, Mariner Health Care Management Company, Mariner Health Central, Inc., Mariner Health Group, Inc., MHC Holding Company, MHC Florida Holding Company, MHC Gulf Coast Holding Company, MHC MidAmerica Holding Company, MHC Rocky Mountain Holding Company, MHC Northeast Holding Company, MHC West Holding Company, MHC Texas Holding Company, MHC MidAtlantic Holding Company, Living Centers-Southeast, Inc., Grancare South Carolina, Inc., Individually and d/b/a Faith Health Care Center, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare, LLC, SavaSeniorCare, Inc., National Senior Care, Inc., Palmetto Faith Operating, LLC, Individually and d/b/a Faith Health Care Center, Leonard Grunstein, an Individual, Murray Forman, an Individual, and Boyd P. Gentry, an Individual, are Appellants.

Supreme Court of South Carolina.

Decided March 12, 2014.

Attorney(s) appearing for the Case

Sandra L.W. Miller , of Womble Carlyle Sandridge & Rice, LLP, of Greenville, Perry D. Boulier and W. McElhaney White , both of Holcombe Bomar, P.A., of Spartanburg, D. Jay Davis, Jr. , William L. Howard and Russell G. Hines , all of Young Clement Rivers, LLP, of Charleston, Carmelo Barone Sammataro and Robert Gerald Chambers, Jr. , both of Turner Padget Graham & Laney, P.A., of Columbia, Malcolm J. Harkins, III , of Proskauer Rose, LLP, of Washington, DC, and Lori D. Proctor , of Serpe, Jones, Andrews, Callender & Bell, PLLC, of Houston, Texas, for Appellants.

John S. Nichols , of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, Matthew W. Christian , of Christian and Davis, LLC, of Greenville, Marion S. Fowler, III , of Fowler Law Firm, of Lake City, for Respondent. Kenneth W. Zeller , of Washington, DC, for Amicus Curiae, AARP Foundation Litigation.

Justice PLEICONE S.

This is an appeal from orders in a wrongful death suit and a survival action denying appellants' motions to compel arbitration.1 We affirm, finding as did the circuit court that respondent lacked authority to sign the arbitration agreements (AA), and that she is not equitably estopped to deny their enforceability.

FACTS

Respondent Ann Coleman (Sister) signed...

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