5D08-3383 Smith v. Southland Suites

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3383

Case Date: 01/04/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

ESTATE OF ELLEN LUCILLE SMITH, ETC., Appellant, v. SOUTHLAND SUITES OF ORMOND BEACH, LLC., ET AL, Appellee. ___________________________________/ Opinion filed January 8, 2010 Non Final Appeal from the Circuit Court for Volusia County, Richard S. Graham, Judge. Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., and Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellant. Thomas A. Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellee. CASE NO. 5D08-3383 CORRECTED OPINION

PER CURIAM. The Estate of Ellen Smith ("the estate") appeals a non-final order compelling arbitration of its claims against Southland Group and the other appellees for nursing home abuse associated with Smith's death. This Court has jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The estate argues that the durable power of attorney ("DPOA") Smith's daughter acted under in executing Smith's nursing

home admission contract did not authorize her to consent to arbitrate claims arising from Smith's nursing home care. We disagree, and affirm. The DPOA in this case did not specifically reference arbitration agreements, but gave Smith's daughter broad authority to effectuate Smith's legal rights. The language of the DPOA is clearly broad enough to encompass arbitration and to authorize Smith's daughter to enter a binding arbitration agreement on her mother's behalf. document granted Smith's daughter the power "generally to do and perform all matters and things, transact all business, make, execute, and acknowledge all contracts, whether involving real property or not, orders, deeds, writings, assurances, and instruments which may be requisite or proper to effectuate any matter or thing appertaining to or belonging to me, and generally to act for me in all matters affecting my business or property . . . ." (Emphasis added). Under applicable statutes and cases, this provision included the power to consent to arbitration. See

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