WILSON v. PINNACLE HEALTH FACILITIES XXIII LP (2018)

District Court of Appeal of Florida, Second District.

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

Case No. 2D17-5133

Decided: October 12, 2018

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.

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.

PER CURIAM.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network