PALM GARDEN OF AVENTURA, LLC, etc. v. SCHKETHA ELLISON, etc.

District Court of Appeal of Florida

PALM GARDEN OF AVENTURA, LLC, etc. v. SCHKETHA ELLISON, etc.

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 2022

Docket21-1449

StatusPublished

This text of PALM GARDEN OF AVENTURA, LLC, etc. v. SCHKETHA ELLISON, etc. (PALM GARDEN OF AVENTURA, LLC, etc. v. SCHKETHA ELLISON, etc.) 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

PALM GARDEN OF AVENTURA, LLC, etc. v. SCHKETHA ELLISON, etc., (Fla. Ct. App. 2022).

Pincite

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 2, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1449 Lower Tribunal No. 20-23421 ________________

Palm Garden of Aventura, LLC, etc., et al., Appellants,

vs.

Schketha Ellison, etc., Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

Ullman Bursa Law, and Jerome R. Silverberg, Kirsten K. Ullman, and Randall J. Thorn (Tampa), for appellants.

Lazer, Aptheker, Rosella & Yedid, P.C., and Eric J. Horbey (West Palm Beach), for appellee.

Before LOGUE, MILLER, and LOBREE, JJ.

PER CURIAM. Affirmed. See Stalley v. Transitional Hosps. Corp. of Tampa, 44 So. 3d

627, 630 (Fla. 2d DCA 2010) (“The acts of the agent, standing alone, are

insufficient to establish that the agent is authorized to act for the principal.”);

§ 765.401, Fla. Stat. (2020) (explaining that “health care decisions may be

made for [an incapacitated] patient by” a proxy); § 765.101(6), Fla. Stat.

(2020) (enumerating which decisions are considered “health care decisions”

and not including the decision to enter into an arbitration agreement).

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