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

District Court of Appeal of Florida, Second District2018-10-12No. Case No. 2D17-5133
257 So. 3d 1114

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Opinion

majority opinion

PER CURIAM.

Michael R. Wilson, as Personal Representative of the Estate of Brenda L. Gwin, appeals an order that stayed the Estates 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 Pinnacles arbitration agreement, the trial court erred by compelling arbitration. After careful review, we agree and reverse the trial courts order staying the Estates 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 courts 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.