In short: In Davis v. Hearthstone Senior Communities, 155 So. 3d 1232 (Fla. 2d DCA 2015), a nursing home sued by a resident’s estate moved to compel arbitration but could produce only the signature page. The Second DCA reversed the order compelling arbitration. Without the operative pages, no one could tell what the parties agreed to.
The Facts
Cathleen Sandy signed admission papers at Lakeland Hills Center, allegedly including an arbitration agreement.
She was injured while a resident and later died. Thomas R. Davis Jr., as personal representative of her estate, sued under chapter 400 for violation of her residents’ rights.
The facility moved to compel arbitration but produced only the signature page.
Witnesses said the form was seven pages long and that the facility kept the signature page and gave the first six pages to the resident. A former admissions supervisor could not confirm which version Sandy signed, so the offered pages were excluded.
The trial court compelled arbitration anyway and allowed reconsideration if the pages turned up. The estate appealed.
The Decision
The Second District Court of Appeal reversed and remanded (Case No. 2D14-2079, Jan. 23, 2015; opinion by Chief Judge Davis).
A party moving to compel arbitration must prove a valid written agreement, an arbitrable issue and no waiver. The facility failed the first element.
Without the operative terms, the court could not tell whether arbitration was binding, how many arbitrators there were, how they were chosen or what claims were covered. A contract missing essential terms cannot be enforced. The court followed its decision in Greenbrook NH, LLC v. Estate of Sayre and noted the pages might still surface on remand.
The Law
Florida’s Revised Arbitration Code, chapter 682, governs agreements made on or after July 1, 2013, and requires an agreement in a record. Section 682.03 governs motions to compel.
Chapter 400 residents’ rights claims survive the resident’s death and are brought by the personal representative.
Lessons
- Families signing nursing home admission papers should keep a complete copy of everything signed, including any arbitration agreement.
- Arbitration agreements are often optional. Read before signing.
- Estates suing a facility should demand the full agreement before conceding arbitration.
- Facilities that cannot produce the whole document may lose the right to arbitrate.
Source: Opinion, Davis v. Hearthstone Senior Cmtys., Inc., No. 2D14-2079 (Fla. 2d DCA Jan. 23, 2015)
Watch the Oral Argument
This is the recording of the oral argument. The video description spells the decedent’s name “Kathleen”; the caption spells it Cathleen. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Nursing Home Arbitration: Missing Essential Terms | Davis v. Hearthstone, 2D14-2079
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
Do nursing home arbitration agreements have to be signed in Florida?
Yes, and the facility must prove the full agreement and its terms. A signature page alone was not enough in Davis.
Can an estate avoid nursing home arbitration?
Sometimes, if the agreement is missing, incomplete, unconscionable, signed without authority, or waived.
Who sues a nursing home after a resident dies?
The personal representative of the estate brings the chapter 400 and wrongful death claims.
What should families do at admission?
Ask whether arbitration is optional, read every page, and keep complete copies.
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.
