Manor Care, Inc. v. Estate of Kuhn Ex Rel. Stalley

District Court of Appeal of Florida

Manor Care, Inc. v. Estate of Kuhn Ex Rel. Stalley

23 So. 3d 773, 2009 Fla. App. LEXIS 17726, 2009 WL 4068705

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 2009

Docket2D08-267

StatusPublished

Cited by1 cases

This text of 23 So. 3d 773 (Manor Care, Inc. v. Estate of Kuhn Ex Rel. Stalley) 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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Manor Care, Inc. v. Estate of Kuhn Ex Rel. Stalley, 23 So. 3d 773, 2009 Fla. App. LEXIS 17726, 2009 WL 4068705 (Fla. Ct. App. 2009).

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Opinion

NORTHCUTT, Judge.

Manor Care, Inc., and related entities and employees appeal a nonfinal order denying their motion to compel arbitration in this suit by the Estate of Mary Lynn Kuhn. The circuit court concluded that the arbitration agreement was unenforceable because its limits of liability violated public policy. However, this court has directed that arbitrators should, in the first instance, decide whether an arbitration agreement violates public policy. See Rollins, Inc. v. Lighthouse Bay Holdings, Ltd., 898 So.2d 86 (Fla. 2d DCA 2005); see also Jaylene, Inc. v. Steuer, 22 So.3d 711 (Fla. 2d DCA 2009). Accordingly, we reverse the order denying the motion to compel arbitration.

Reversed and remanded for further proceedings consistent with this opinion.

VILLANTI and CRENSHAW, JJ., Concur.

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NORTHCUTT, Judge.

Manor Care, Inc., and related entities and employees appeal a nonfinal order denying their motion to compel arbitration in this suit by the Estate of Mary Lynn Kuhn. The circuit court concluded that the arbitration agreement was unenforceable because its limits of liability violated public policy. However, this court has directed that arbitrators should, in the first instance, decide whether an arbitration agreement violates public policy. See Rollins, Inc. v. Lighthouse Bay Holdings, Ltd., 898 So.2d 86 (Fla. 2d DCA 2005); see also Jaylene, Inc. v. Steuer, 22 So.3d 711 (Fla. 2d DCA 2009). Accordingly, we reverse the order denying the motion to compel arbitration.

Reversed and remanded for further proceedings consistent with this opinion.

VILLANTI and CRENSHAW, JJ., Concur.

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23 So. 3d 773, 2009 Fla. App. LEXIS 17726, 2009 WL 4068705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manor-care-inc-v-estate-of-kuhn-ex-rel-stalley-fladistctapp-2009.

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