A.K. v. Orlando Health, Inc.

District Court of Appeal of Florida

A.K. v. Orlando Health, Inc.

186 So. 3d 626, 2016 WL 830411

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 2016

Docket5D14-2926

StatusPublished

Cited by1 cases

This text of 186 So. 3d 626 (A.K. v. Orlando Health, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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A.K. v. Orlando Health, Inc., 186 So. 3d 626, 2016 WL 830411 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfi-nal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So.3d 495 (Fla. 5th DCA 2014),- review granted, 171 So.3d 116 (Fla.2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration 'and remand to the trial court for further procéedings. We also certify that this decision. conflicts with Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014).

REVERSED AND REMANDED; CONFLICT CERTIFIED

LAWSON, C.J., COHEN and LAMBERT, JJ., concur.

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PER CURIAM.

A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfi-nal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So.3d 495 (Fla. 5th DCA 2014),- review granted, 171 So.3d 116 (Fla.2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration 'and remand to the trial court for further procéedings. We also certify that this decision. conflicts with Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014).

REVERSED AND REMANDED; CONFLICT CERTIFIED

LAWSON, C.J., COHEN and LAMBERT, JJ., concur.

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186 So. 3d 626, 2016 WL 830411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ak-v-orlando-health-inc-fladistctapp-2016.

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