MN Medinvest Co., L.P. v. The Estate of Melissa Lee Nichols
Feb 10, 2006OUTCOME: Won after review by Supreme Court of Florida
We were successful in obtaining a favorable written opinion from the Second District Court of Appeal for the State of Florida on behalf of our clients in a nursing home case where we were seeking to en ... force an arbitration agreement. The issue was whether a parent can enter into an arbitration clause with a nursing home on behalf of their minor child. The trial court found that the mother could not because it waived the minor child's right to a jury trial and was a violation of public policy. The appellate court reversed and decided in our client's favor and held that the arbitration agreement did not violate public policy and should be enforced because it fell within the medical care exception. We relied on the case, Shea v. Global Travel Marketing, Inc., 870 So.2d 20 (Fla. 4th DCA 2003).
