In short: In Collis v. Sun City Center Associates (2d DCA, June 12, 2015), an estate lost a nursing home wrongful death arbitration and asked the court to vacate the award. According to the argument, the neutral arbitrator had not disclosed an invitation to speak for a defense-oriented group. The trial court refused, and the Second DCA affirmed without opinion.
What the Record and Arguments Showed
The appellant was Judith Collis, as personal representative of an estate; the appellee was Sun City Center Associates, Ltd., connected to a senior community in Sun City Center.
According to the video description, the family brought wrongful death, negligence and residents’ rights claims and agreed to a three-arbitrator panel.
The panel ruled for the defense. The estate moved to vacate, arguing the neutral arbitrator failed to disclose that a defense-oriented organization had invited him to speak, and that he had spoken with the plaintiff’s own trial counsel before being selected.
The trial court denied vacatur. These facts come from the description and argument, not a written opinion.
The Decision
The Second District Court of Appeal affirmed with a one-word per curiam opinion (Case No. 2D14-1336, June 12, 2015; Judges Casanueva, Wallace and Salario).
A PCA means no reversible error was found and no reasons were given. It sets no precedent.
The Law
Section 682.13 allows vacatur for evident partiality by a neutral arbitrator. Current law (2026): § 682.0041, part of the Revised Florida Arbitration Code, requires arbitrators to disclose before accepting any known facts a reasonable person would consider likely to affect impartiality, with a continuing duty. Failing to disclose a known financial or personal interest or a substantial relationship creates a presumption of evident partiality.
Which version of the arbitration code applied to this agreement is not known from the record available.
Lessons
- Investigate arbitrators before agreeing to one: speaking engagements, prior appointments and relationships.
- Raise disclosure concerns before the hearing, not after a loss.
- Vacating an arbitration award is very hard. Courts defer heavily to arbitrators.
- Families should weigh arbitration clauses carefully at nursing home admission.
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, the arguments are context, not the court’s reasoning. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Biased Arbitrator? Nursing Home Wrongful Death Arbitration Award Challenged | Collis v. Sun City Center, 2D14-1336
Go Deeper
- A Daughter Became Her Mother’s Caregiver, and Was Convicted of Neglect (Sieniarecki v. State)
- When an Elderly Victim Dies Before Trial: The Elderly-Person Hearsay Exception (Conner v. State)
- Punitive Damages Against a Nursing Home Need Real Evidence First (Carpenters Home Estates v. Sanders)
Frequently Asked Questions
Can a Florida arbitration award be vacated for arbitrator bias?
Yes, for evident partiality under § 682.13, but the standard is demanding.
What must an arbitrator disclose in Florida?
Under § 682.0041, known facts a reasonable person would consider likely to affect impartiality, including financial interests and substantial relationships.
Are nursing home wrongful death claims arbitrable?
Often, if a valid arbitration agreement binds the estate.
What does a PCA mean?
The appellate court affirmed without explanation; it sets no precedent.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
