District Court of Appeal of Florida

In a suit against an assisted living facilities operator seeking damages for common law negligence and violations of the Assisted Living Facilities Act, an order granting defendants' motions to compel arbitration, but severing numerous arbitration provisions, is affirmed where: 1) a waiver of punitive damages and a cap on non-economic damages were void as against public policy; 2) a complete waiver of a right to appeal any arbitration decision in the matter was unenforceable as contrary to public policy; 3) the trial court properly considered the validity of arbitration and limitation of liability provisions; 4) a power of attorney granted authority to her attorney-in-fact to agree to arbitration of any claims arising out of plaintiff's residency with defendant; 5) the trial court did not err in severing the offending provisions; and 6) a conclusion on the agreement-s applicability to two residences was proper.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

• HAZOURI, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Donna J. Fudge, Connolly C. McArthur and Dennis J. Brennan of Buckley & Fudge, P.A., St. Petersburg, for appellants.


• For Appellees:
  
• Susan B. Morrison of the Law Offices of Susan B. Morrison, P.A., and Blair N. Mendes of Wilkes & McHugh, P.A., Tampa, for appellee.