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Integrated Health v. Lopez-Silvero

District Court of Appeal of Florida, Third District
Sep 30, 2002
827 So. 2d 338 (Fla. Dist. Ct. App. 2002)

Summary

holding that a contract may be binding on a party despite the absence of a party's signature as the object of a signature is to show mutuality or assent, but these facts may be shown in other ways, including by the acts or conduct of the parties

Summary of this case from City of Orlando v. West Orange Country

Opinion

Case No. 3D02-1337

Opinion filed September 30, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Philip Bloom, Judge. Lower Tribunal No. 01-23001.

Hardeman Suarez, and Richard A. Warren, Miami, for appellant.

Friedin Brown, and Robert D. Brown, for appellees.

Before SCHWARTZ, C.J., and GERSTEN, and SORONDO, JJ.


Appellant Integrated Health Services of Greenbriar, Inc., ("IHS"), appeals a non-final order denying its motion to compel arbitration. We reverse.

Appellee, Ernesto Lopez-Silvero ("resident"), signed an admission contract for the provision of nursing care in a nursing home owned by IHS. The admission contract provided for arbitration in the event of any disputes or claims. Since there was no place provided on the contract for the nursing home's signature, the admission contract was not signed by IHS. However, both IHS and the resident signed five other documents that same day, both agreeing to the provision of nursing home services.

The resident stayed at the home for over two months. One month after the resident left the nursing home, he and his wife filed suit against IHS, alleging that IHS did not properly care for the resident when he stayed at the nursing home.

IHS moved to dismiss the complaint or, alternatively, to compel arbitration and stay the complaint, based on the arbitration clause of the admission contract. After a non-evidentiary hearing, the trial court denied IHS's motion to compel arbitration.

A contract is binding, despite the fact that one party did not sign the contract, where both parties have performed under the contract. See Gateway Cable T.V., Inc. v. Vikoa Contruction Corp., 253 So.2d 461 (Fla. 1st DCA 1971). As noted in Gateway Cable T.V., Inc. v. Vikoa Contruction Corp., 253 So.2d at 463, "A contract may be binding on a party despite the absence of a party's signature. The object of a signature is to show mutuality or assent, but these facts may be shown in other ways, for example, by the acts or conduct of the parties." See also Sosa v. Shearform Mfg., 784 So.2d 609 (Fla. 5th DCA 2001) (parties may be bound to the provisions of an unsigned contract if they acted as though the provisions of the contract were in force.)

Here, both the resident and IHS acted as if they had a valid contract. IHS performed under the contract by admitting the resident and providing him with nursing home care for over two months. Moreover, IHS signed five other documents relating to the resident's admission, which were incorporated by reference in the admission contract. Clearly IHS assented to the terms of the admission contract, including its arbitration clause.

Accordingly, we reverse the order below and remand with instructions to the trial court to grant the motion for arbitration. See Sosa v. Shearform Mfg., 784 So.2d at 609; Security Management Corp. v. Hartford Fire Ins. Co., 641 So.2d 184 (Fla.3d DCA 1994); James Register Constr. Co. v. Bobby Hancock Acoustics, Inc., 535 So.2d 339 (Fla. 1st DCA 1988).

Reversed and remanded with instructions.


Summaries of

Integrated Health v. Lopez-Silvero

District Court of Appeal of Florida, Third District
Sep 30, 2002
827 So. 2d 338 (Fla. Dist. Ct. App. 2002)

holding that a contract may be binding on a party despite the absence of a party's signature as the object of a signature is to show mutuality or assent, but these facts may be shown in other ways, including by the acts or conduct of the parties

Summary of this case from City of Orlando v. West Orange Country

reversing and remanding with instructions to trial court to grant motion for arbitration, despite lack of signature by nursing home on written contract containing arbitration clause, where resident and nursing home acted as if there were a valid contract by admitting resident and providing him with care for over two months and nursing home signed other documents relating to admission

Summary of this case from THI of N.M. at Vida Encantada, LLC v. Archuleta

In Lopez-Silvero, a nursing home admitted a resident and cared for him for two months, despite the fact that the nursing home did not sign the admission contract.

Summary of this case from Alterra Healthcare Corp. v. Bryant
Case details for

Integrated Health v. Lopez-Silvero

Case Details

Full title:INTEGRATED HEALTH SERVICES OF GREEN BRIAR, INC., Appellant, v. ERNESTO…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 30, 2002

Citations

827 So. 2d 338 (Fla. Dist. Ct. App. 2002)

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