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Estate of Ettings v. Regents Park

District Court of Appeal of Florida, Third District
Feb 9, 2005
891 So. 2d 558 (Fla. Dist. Ct. App. 2005)

Summary

holding that the fact that the decedent was legally blind when she signed an arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowing its contents

Summary of this case from Shepard v. Florida Power Corp.

Opinion

No. 3D04-87.

October 20, 2004. Rehearing and Rehearing En Banc Denied February 9, 2005.

Appeal from the Circuit Court, Miami-Dade County, Henry Harnage, J.

Freidin Brown, P.A., and Robert D. Brown, Miami, for appellant.

Cole, Scott Kissane, P.A., and Betsy E. Gallagher, Tampa, for appellee.

Before GREEN, FLETCHER, and WELLS, JJ.


The plaintiff, Christian Etting, appeals from an order granting the defendant's, Regents Park at Aventura, Inc., motion to compel arbitration. The plaintiff argues that since the decedent, his mother, was legally blind at the time that she signed the agreement with the nursing home, that the agreement and its arbitration clause are invalid. We disagree.

It has long been held in Florida that one is bound by his contract. Unless one can show facts and circumstances to demonstrate that he was prevented from reading the contract, or that he was induced by statements of the other party to refrain from reading the contract it is binding. No party to a written contract in this state can defend against its enforcement on the sole ground that he signed it without reading it.

Allied Van Lines, Inc. v. Bratton, 351 So.2d 344, 347-8 (Fla. 1977) (citation omitted) (emphasis added). Here, the plaintiff failed to show that the decedent was coerced into signing the nursing home agreement or prevented by the defendant from knowing its contents. See Consol. Res. Healthcare Fund., Ltd. v. Fenelus, 853 So.2d 500, 504 (Fla. 4th DCA 2003) ("A party normally is bound by a contract that the party signs unless the party can demonstrate that he or she was prevented from reading it or induced by the other party to refrain from reading it."); Merrill, Lynch, Pierce, Fenner Smith, Inc. v. Benton, 467 So.2d 311, 312 (Fla. 5th DCA 1985) ("As a matter of law a party who voluntarily executed a document knowing it is intended to establish contractual relationships between the parties but without reading it is bound by its terms in the absence of coercion, duress, fraud in the inducement or some other independent ground justifying rescission.").

Accordingly, we affirm.


Summaries of

Estate of Ettings v. Regents Park

District Court of Appeal of Florida, Third District
Feb 9, 2005
891 So. 2d 558 (Fla. Dist. Ct. App. 2005)

holding that the fact that the decedent was legally blind when she signed an arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowing its contents

Summary of this case from Shepard v. Florida Power Corp.

holding that a blind woman could sign an arbitration agreement

Summary of this case from Dickerson v. Longoria

holding that the fact that the decedent was legally blind when she signed the arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowing its contents

Summary of this case from Spring Lake NC, LLC v. Holloway

holding that the fact that the decedent was legally blind when she signed the arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowing its contents

Summary of this case from Spring Lake NC, LLC v. Holloway

holding that the fact that the decedent was legally blind when she signed the arbitration agreement did not render the agreement invalid in the absence of evidence that she was coerced into signing it or prevented from knowing its contents

Summary of this case from Rocky Creek Ret. v. Estate of Fox

affirming order enforcing arbitration agreement signed by legally blind nursing home resident

Summary of this case from Torre v. BFS Retail Commercial Operations, Llc.

affirming an order compelling arbitration even though the party contesting arbitration was legally blind at the time she signed the agreement containing the arbitration clause

Summary of this case from Kendall Imports, LLC v. Diaz

In Estate of Etting v. Regents Park at Aventura, Inc., 891 So.2d 558, 558 (Fla. 3d DCA 2004), the court held that a legally blind woman was bound by an agreement and its arbitration clause where there was no evidence that she was coerced into signing the agreement or that she was prevented by the appellee from knowing its contents.

Summary of this case from Kinko's, Inc. v. Payne
Case details for

Estate of Ettings v. Regents Park

Case Details

Full title:The ESTATE OF Helen N. ETTING, by and through Christian L. ETTING…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 9, 2005

Citations

891 So. 2d 558 (Fla. Dist. Ct. App. 2005)

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