Northport Health v. Estate of Gertrude R. Champagne , 239 So. 3d 1293 ( 2018 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
NORTHPORT HEALTH SERVICES
OF FLORIDA, LLC and NHS
MANAGEMENT, LLC,
Appellants,
v. Case No. 5D17-2693
ESTATE OF GERTRUDE R. CHAMPAGNE
BY AND THROUGH GLORIA OLSEN,
PERSONAL REPRESENTATIVE,
Appellee.
_____________________________________/
Opinion filed April 13, 2018
Non-Final Appeal from the Circuit Court
for Brevard County,
Charles J. Roberts, Judge.
Dale R. Sisco and Kristi Neher Davisson, of
Sisco-Law, Tampa, for Appellants.
Megan L Gisclar and Joanna Greber
Dettloff, of Wilkes & McHugh, P.A.,
Tampa, for Appellee.
WALLIS, J.
Northport Health Services of Florida, LLC d/b/a West Melbourne Health and
Rehabilitation Center, appeals the trial court's order denying Northport's motion to compel
arbitration with Gloria Olsen, as personal representative of the Estate of Gertrude R.
Champagne.
We have recently addressed the enforceability of an identical arbitration
agreement in Northport Health Services of Florida, LLC v. Louis, 43 Fla. L. Weekly D505
(Fla. 5th DCA Mar. 2, 2018). We held in Louis that the provision requiring Alabama's
Rules of Evidence to control the admissibility of evidence at arbitration was against public
policy, and that the provision was severable because it concerns procedure. Id. at D506.
However, we also held that the provision requiring the application of Alabama Rules of
Civil Procedure to the parties' conduct of pre-hearing discovery does not violate public
policy because no convincing argument was raised as to why the application is
problematic. Id.
Here, the parties raise essentially the same arguments. Accordingly, we reverse
and remand with instructions to the trial court to grant Northport's motion to compel and
to sever from the arbitration agreement the provision applying the Alabama Rules of
Evidence to the admissibility of evidence at the arbitration hearing. Id.; see also Hancock
v. Northport Health Servs. of Fla., LLC, 150 So. 3d 1262, 1263 (Fla. 5th DCA 2014)
(affirming an order compelling arbitration of an identical arbitration agreement).
REVERSED and REMANDED, with Instructions.
SAWAYA and EDWARDS, JJ., concur.
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