District Court of Appeal of Florida

An order granting a motion to compel arbitration and stay proceedings is reversed in an action arising from the death of a patient at a nursing center where, by answering the complaint in a manner that was inconsistent with any right to arbitrate, defendant waived any right to arbitration and its motion to compel arbitration was ineffective to reclaim such right.

Appellate Information

• Decided 03/29/2006
• Published 03/29/2006

Judges

• CANADY, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., and John R. Cummings of Wilkes & McHugh, P.A., Tampa, for Appellant.


• For Appellees:
  
• John R. Blue, Sylvia H. Walbolt, Henry G. Gyden, and Matthew J. Conigliaro of Carlton Fields, P.A., Tampa, for Appellees.