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A.K. v. ORLANDO HEALTH, INC., 186 So.3d 626 (2016)

Court: Court of Appeals of Florida Number: inflco20160304145 Visitors: 5
Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: PER CURIAM . A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfinal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So.3d 495 (Fla. 5th DCA 2014), review granted, 171 So.3d 116 (Fla.2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, ch
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A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfinal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So.3d 495 (Fla. 5th DCA 2014), review granted, 171 So.3d 116 (Fla.2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration and remand to the trial court for further proceedings. We also certify that this decision conflicts with Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014).

REVERSED AND REMANDED; CONFLICT CERTIFIED

LAWSON, C.J., COHEN and LAMBERT, JJ., concur.

Source:  Leagle

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