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

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 2, 2022.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-1449

Lower Tribunal No. 20-23421

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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).