Estate v. Northport Health Servs. of Fla., LLC

District Court of Appeal of Florida

Estate v. Northport Health Servs. of Fla., LLC

257 So. 3d 1228

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 2018

DocketCase No. 5D17-3906

StatusPublished

This text of 257 So. 3d 1228 (Estate v. Northport Health Servs. of Fla., LLC) 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

Estate v. Northport Health Servs. of Fla., LLC, 257 So. 3d 1228 (Fla. Ct. App. 2018).

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Opinion

PER CURIAM.

The Estate of Phyllis A. Ramsey ("the Estate") brought a nursing home abuse and neglect action against the Appellees. The Estate challenges a non-final order granting Appellees' motion to compel arbitration. We affirm the trial court's order compelling arbitration, but remand with instructions to sever from the arbitration agreement the provision applying the Alabama Rules of Evidence to the admissibility of evidence at the arbitration hearing. See Northport Health Servs. of Fla., LLC v. Louis , 240 So.3d 120, 123 (Fla. 5th DCA 2018) (holding that provision of rehabilitation center's admission agreement that Alabama Rules of Evidence apply to arbitration hearing was unenforceable, but provision was severable from remainder of agreement).

We decline to address the other argument raised on appeal by the Estate. See, e.g. , Aills v. Boemi , 29 So.3d 1105, 1109 (Fla. 2010) (stating that specific legal ground upon which claim is based must be raised at trial and, except in cases of fundamental error, claim different than that will not be heard on appeal).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, WALLIS and HARRIS, JJ., concur.

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PER CURIAM.

The Estate of Phyllis A. Ramsey ("the Estate") brought a nursing home abuse and neglect action against the Appellees. The Estate challenges a non-final order granting Appellees' motion to compel arbitration. We affirm the trial court's order compelling arbitration, but remand with instructions to sever from the arbitration agreement the provision applying the Alabama Rules of Evidence to the admissibility of evidence at the arbitration hearing. See Northport Health Servs. of Fla., LLC v. Louis , 240 So.3d 120, 123 (Fla. 5th DCA 2018) (holding that provision of rehabilitation center's admission agreement that Alabama Rules of Evidence apply to arbitration hearing was unenforceable, but provision was severable from remainder of agreement).

We decline to address the other argument raised on appeal by the Estate. See, e.g. , Aills v. Boemi , 29 So.3d 1105, 1109 (Fla. 2010) (stating that specific legal ground upon which claim is based must be raised at trial and, except in cases of fundamental error, claim different than that will not be heard on appeal).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, WALLIS and HARRIS, JJ., concur.

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Bluebook (online)

257 So. 3d 1228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-v-northport-health-servs-of-fla-llc-fladistctapp-2018.

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