Wilson v. Pinnacle Health Facilities, Xxiii, LP, 257 So. 3d 1114 (2018)

Oct. 12, 2018 · District Court of Appeal of Florida, Second District · Case No. 2D17-5133
257 So. 3d 1114

Michael R. WILSON, as Personal Representative of the Estate of Brenda L. Gwin, deceased, Appellant,
v.
PINNACLE HEALTH FACILITIES, XXIII, LP, Appellee.

Case No. 2D17-5133

District Court of Appeal of Florida, Second District.

Opinion filed October 12, 2018.

Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellant.

Donna J. Fudge and Caitlin E. Kramer of Fudge Broadwater, P.A., St. Petersburg, for Appellee.

PER CURIAM.

Michael R. Wilson, as Personal Representative of the Estate of Brenda L. Gwin, appeals an order that stayed the Estate's wrongful death lawsuit against Pinnacle Health Facilities, XXIII, LP (Pinnacle), and that compelled arbitration of their dispute. On appeal, the Estate argues that because Pinnacle neglected to demonstrate that Mr. Wilson possessed the apparent authority to bind Ms. Gwin to Pinnacle's arbitration agreement, the trial court erred by compelling arbitration. After careful review, we agree and reverse the trial court's order staying the Estate's lawsuit and referring the case to arbitration. See Stalley v. Transitional Hosps. Corp. of Tampa, 44 So.3d 627, 633 (Fla. 2d DCA 2010) (reversing the trial court's order compelling arbitration because the record failed to demonstrate that the signatory of an arbitration agreement possessed the apparent authority to sign that arbitration agreement on behalf of the principal).

Reversed and remanded for further proceedings in accordance with this opinion.

KHOUZAM, SALARIO, and BADALAMENTI, JJ., Concur.