Aaron Franklin Brown v. North Florida Surgeons, P. A.

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
AARON FRANKLIN BROWN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D12-3383
NORTH FLORIDA SURGEONS,
P. A. AND G. STEVEN WEBB,
M.D.,
Appellees.
_____________________________/
Opinion filed July 28, 2014.
An appeal from the Circuit Court for Duval County.
Jean M. Johnson, Judge.
Robert F. Jordan of Jordan Law Firm, PLLC, Lake City, for Appellant.
James T. Murphy and Jill F. Bechtold of Murphy, Ellis & Weldon, PLLC,
Jacksonville, for Appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
In Brown v. North Florida Surgeons, P.A., 110 So. 3d 962 (Fla. 1st DCA
2013), we affirmed the trial court’s order compelling arbitration. Appellant
petitioned the Florida Supreme Court for review, and by order dated June 9, 2014,
the Court quashed our decision and remanded for reconsideration upon application
of Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). We directed the parties to show
cause why the trial court’s order should not be reversed based upon Franks. The
parties agree that reversal is required because the agreement containing the
arbitration clause at issue in this case is the same agreement that was invalidated in
Franks. Accordingly, the trial court’s order compelling arbitration is reversed and
this case is remanded for further proceedings.
REVERSED and REMANDED.
VAN NORTWICK, WETHERELL, and ROWE, JJ., CONCUR.