Appellate Court Cannot Review Order Requiring Resident's Estate to Choose Arbitration Nominator

August 20, 2021 | Aging Services Risk Management


​In an action against an assisted-living facility and related entities brought by a resident's estate, the Court of Appeal of Florida, Second District, held that it did not have jurisdiction to decide on a trial court order compelling the estate to choose a nominator to assist in choosing an arbitrator. Instead, the appellate court encouraged the parties to cooperate in choosing an arbitrator.

The residency agreement had provisions addressing arbitration. It stated that after a demand for arbitration, the parties had to agree to a sole arbitrator within 20 days or, if they could not agree, to each choose a nominator within those 20 days, and the nominators would choose the sole arbitrator. If either party failed to choose an arbitrator or nominator within 20 days, that...

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