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Wilson v. Pinnacle Health Facilities, XXIII, LP

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 12, 2018
257 So. 3d 1114 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 2D17-5133

10-12-2018

Michael R. WILSON, as Personal Representative of the Estate of Brenda L. Gwin, deceased, Appellant, v. PINNACLE HEALTH FACILITIES, XXIII, LP, Appellee.

Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellant. Donna J. Fudge and Caitlin E. Kramer of Fudge Broadwater, P.A., St. Petersburg, for Appellee.


Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellant.

Donna J. Fudge and Caitlin E. Kramer of Fudge Broadwater, P.A., St. Petersburg, for Appellee.

PER CURIAM.

Michael R. Wilson, as Personal Representative of the Estate of Brenda L. Gwin, appeals an order that stayed the Estate's wrongful death lawsuit against Pinnacle Health Facilities, XXIII, LP (Pinnacle), and that compelled arbitration of their dispute. On appeal, the Estate argues that because Pinnacle neglected to demonstrate that Mr. Wilson possessed the apparent authority to bind Ms. Gwin to Pinnacle's arbitration agreement, the trial court erred by compelling arbitration. After careful review, we agree and reverse the trial court's order staying the Estate's lawsuit and referring the case to arbitration. See Stalley v. Transitional Hosps. Corp. of Tampa, 44 So.3d 627, 633 (Fla. 2d DCA 2010) (reversing the trial court's order compelling arbitration because the record failed to demonstrate that the signatory of an arbitration agreement possessed the apparent authority to sign that arbitration agreement on behalf of the principal).

Reversed and remanded for further proceedings in accordance with this opinion.

KHOUZAM, SALARIO, and BADALAMENTI, JJ., Concur.


Summaries of

Wilson v. Pinnacle Health Facilities, XXIII, LP

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 12, 2018
257 So. 3d 1114 (Fla. Dist. Ct. App. 2018)
Case details for

Wilson v. Pinnacle Health Facilities, XXIII, LP

Case Details

Full title:MICHAEL R. WILSON, as Personal Representative of the Estate of BRENDA L…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Oct 12, 2018

Citations

257 So. 3d 1114 (Fla. Dist. Ct. App. 2018)