Adult Communities Total Services, Inc. v. Estate of Zimmerman

District Court of Appeal of Florida

Adult Communities Total Services, Inc. v. Estate of Zimmerman

961 So. 2d 1076, 2007 Fla. App. LEXIS 11406, 2007 WL 2119195

District Court of Appeal of Florida·Decided July 25, 2007·No. No. 4D06-4020·Published

Opinion

GROSS, J.

We reverse a summary final judgment entered in favor of appellees. The judgment awarded an entrance fee refund, with credits, arising after the termination of a resident contract with a continuing care facility. We agree with appellant that under the terms of the contract, a resident’s entitlement to a refund depended upon the “termination” of the contract; termination did not become effective until either 30 days after receipt of notice of termination or surrender of the unit, whichever occurred later. In the light most favorable to appellant, the record shows that appellant waived the requirement of written [1077]*1077notice, but not the “30 day” or “surrender” requirements necessary to complete a termination of the contract. Mrs. Zimmerman died nine days after her daughter gave the oral notice of termination. We do not address any issues under Chapter 651, Florida Statutes (2006), because the trial court did not rule on them.

Reversed and remanded.

STONE and POLEN, JJ., concur.

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GROSS, J.

We reverse a summary final judgment entered in favor of appellees. The judgment awarded an entrance fee refund, with credits, arising after the termination of a resident contract with a continuing care facility. We agree with appellant that under the terms of the contract, a resident’s entitlement to a refund depended upon the “termination” of the contract; termination did not become effective until either 30 days after receipt of notice of termination or surrender of the unit, whichever occurred later. In the light most favorable to appellant, the record shows that appellant waived the requirement of written [1077]*1077notice, but not the “30 day” or “surrender” requirements necessary to complete a termination of the contract. Mrs. Zimmerman died nine days after her daughter gave the oral notice of termination. We do not address any issues under Chapter 651, Florida Statutes (2006), because the trial court did not rule on them.

Reversed and remanded.

STONE and POLEN, JJ., concur.

Adult Communities Total Services, Inc. v. Estate of Zimmerman, 961 So. 2d 1076, 2007 Fla. App. LEXIS 11406, 2007 WL 2119195 (Fla. Ct. App. 2007).

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961 So. 2d 1076 (Adult Communities Total Services, Inc. v. Estate of Zimmerman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.