Truxell ex rel. Bachor v. Manor Care-Carrollwood of Tampa, FL-LLC

Full title: Kathleen TRUXELL, by and through Nancy BACHOR, Personal Representative…

Court: District Court of Appeal of Florida, Second District.

Date published: Apr 20, 2012

86 So. 3d 562 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D10–5792.

2012-04-20

Kathleen TRUXELL, by and through Nancy BACHOR, Personal Representative, Appellant, v. MANOR CARE–CARROLLWOOD OF TAMPA, FL–LLC, Appellee.

Appeal pursuant to Fla. R.App. P. 9.130 from the Circuit Court for Hillsborough County; Bernard C. Silver, Judge. Isaac R. Ruiz–Carus of Wilkes & McHugh, P.A., Tampa, for Appellant. Matthew J. Conigliaro of Carlton Fields, P.A., St. Petersburg; and Leah A. Sevi of Carlton Fields, P.A., Tallahassee, for Appellee.

CASANUEVA

Appeal pursuant to Fla. R.App. P. 9.130 from the Circuit Court for Hillsborough County; Bernard C. Silver, Judge.
Isaac R. Ruiz–Carus of Wilkes & McHugh, P.A., Tampa, for Appellant. Matthew J. Conigliaro of Carlton Fields, P.A., St. Petersburg; and Leah A. Sevi of Carlton Fields, P.A., Tallahassee, for Appellee.
CASANUEVA, Judge.

Kathleen Truxell, by and through Nancy Bachor as personal representative, appeals an order granting Manor Care's motion to compel arbitration. On the two issues raised in the initial brief, we affirm without comment. However, in light of the supreme court's recent holdings in Shotts v. OP Winter Haven, Inc., 86 So.3d 456 (Fla.2011), and Gessa v. Manor Care of Florida, Inc., 86 So.3d 484 (Fla.2011), we remand to the trial court for further consideration.

Affirmed; remanded for further consideration.

SILBERMAN, C.J., and DAVIS, J., Concur.