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In A.K. v. Orlando Health, Inc., 41 Fla. L. Weekly D567a (Fla. 5th DCA Mar. 4, 2016), the 5th DCA found that the trial court had improperly compelled contractual arbitration. The 5th DCA found that the arbitration agreement violated public policy pronounced by the legislature in the Medical Malpractice Act. The arbitration agreement failed to adopt necessary statutory provisions.

The 5th DCA reversed the order compelling arbitration and remanded the case to the trial court for further proceedings. The 5th DCA also certified that its decision conflicted with Santiago v. Baker, 135 So. 3d 569 (Fla. 2d DCA 2014).

This summary was prepared by Dick Womble of our firm.


Dick Womble

 

 

41 Fla. L. Weekly D567a

 

Torts -- Medical malpractice -- Arbitration -- Arbitration agreement violates public policy pronounced in Medical Malpractice Act by failing to adopt necessary statutory provisions -- Conflict certified

A.K. AND W.K., Individually, etc., Appellants, v. ORLANDO HEALTH, INC., etc., et al., Appellees. 5th District. Case No. 5D14-2926. Opinion filed March 4, 2016. Non-Final Appeal from the Circuit Court for Orange County, Donald E. Grincewicz, Judge. Counsel: Jessie L. Harrell, Bryan S. Gowdy, of Creed & Gowdy, P.A., Jacksonville, for Appellants. Dinah S. Stein, of Hicks, Porter, Ebenfeld & Stein, P.A., Miami and Thomas Dukes, III, of McEwan, Martinez & Dukes, P.A., Orlando, for Appellees.

(PER CURIAM.) A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfinal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So. 3d 495 (Fla. 5th DCA 2014), review granted, 171 So. 2d 116 (Fla. 2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration and remand to the trial court for further proceedings. We also certify that this decision conflicts with Santiago v. Baker, 135 So. 3d 569 (Fla. 2d DCA 2014).

REVERSED AND REMANDED; CONFLICT CERTIFIED. (LAWSON, C.J., COHEN and LAMBERT, JJ., concur.)

 

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