Crespo v. Hernandez

District Court of Appeal of Florida

Crespo v. Hernandez

151 So. 3d 495, 2014 Fla. App. LEXIS 17409, 2014 WL 5392937

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 2014

DocketNo. 5D14-759

StatusPublished

Cited by6 cases

This text of 151 So. 3d 495 (Crespo v. Hernandez) 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.

Bluebook

Crespo v. Hernandez, 151 So. 3d 495, 2014 Fla. App. LEXIS 17409, 2014 WL 5392937 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The arbitration agreement at issue 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. Franks v. Bowers, 116 So.3d 1240, 1248 (Fla.2013) (“Because the Legislature explicitly found that the MMA was necessary to lower the costs of medical care in this State, we find that any contract that seeks to enjoy the benefits of the arbitration provisions under the statutory scheme must necessarily adopt all of its provisions.”). Therefore, we reverse the order rendered by the trial court compelling binding arbitration pursuant to the arbitration agreement under review. We certify conflict with the decision of the Second District Court of Appeal in Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014). We remand this case to the trial court for further proceedings.

REVERSED; REMANDED; CONFLICT CERTIFIED.

TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.

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PER CURIAM.

The arbitration agreement at issue 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. Franks v. Bowers, 116 So.3d 1240, 1248 (Fla.2013) (“Because the Legislature explicitly found that the MMA was necessary to lower the costs of medical care in this State, we find that any contract that seeks to enjoy the benefits of the arbitration provisions under the statutory scheme must necessarily adopt all of its provisions.”). Therefore, we reverse the order rendered by the trial court compelling binding arbitration pursuant to the arbitration agreement under review. We certify conflict with the decision of the Second District Court of Appeal in Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014). We remand this case to the trial court for further proceedings.

REVERSED; REMANDED; CONFLICT CERTIFIED.

TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.

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Bluebook (online)

151 So. 3d 495, 2014 Fla. App. LEXIS 17409, 2014 WL 5392937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crespo-v-hernandez-fladistctapp-2014.

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