The Estate of Judith Hodkinson, by and through Stephen Hodkinson, Personal Representative, Appellant, v. FM RNC LLC LLC LLC (2024)

District Court of Appeal of Florida, Sixth District.

The Estate of Judith Hodkinson, by and through Stephen Hodkinson, Personal Representative, Appellant, v. FM RNC, LLC, Hollywood Hills Holdings, LLC, Premier Healthcare Management, LLC, Jonathan Bleier, and Tobias Breder (as to Fort Myers Rehabilitation and Nursing Center), Appellees.

Case No. 6D2023-4199

Decided: July 26, 2024

Lisa M. Tanaka, of Wilkes & Associates, P.A., Tampa, for Appellant. Kathryn Dunnam Harden, James J. Maskowitz, and Luke A. Kiel, of Hall Booth Smith, P.C., Tampa, for Appellees.

Concluding that there was competent substantial evidence before the trial court that the decedent, Judith Hodkinson, was competent when she executed the admission agreement at issue, we affirm the order granting Appellees’ motions to abate and compel arbitration.

Appellant also asks that we remand for the trial court to clarify its order to specify the provision or provisions of the arbitration agreement that it severed pursuant to the agreement's severability clause. Appellees have indicated that they do not object to a remand for this clarification.

AFFIRMED; REMANDED with directions for the trial court to clarify its order to set forth what, if any, provisions in the arbitration agreement it intended to sever.

PER CURIAM.

NARDELLA and BROWNLEE, JJ., and LAMBERT, B.D., Associate Judge, concur.

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