Truxell v. Manor Care-Carrollwood of Tampa, FL-LLC

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KATHLEEN TRUXELL, by and through NANCY BACHOR, Personal Representative, Appellant, v. MANOR CARE-CARROLLWOOD OF TAMPA, FL-LLC, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D10-5792 Opinion filed April 20, 2012. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Hillsborough County; Bernard C. Silver, Judge. Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellant. Matthew J. Conigliaro of Carlton Fields, P.A., St. Petersburg; and Leah A. Sevi of Carlton Fields, P.A., Tallahassee, for Appellee. CASANUEVA, Judge. Kathleen Truxell, by and through Nancy Bachor as personal representative, appeals an order granting Manor Care's motion to compel arbitration. On the two issues raised in the initial brief, we affirm without comment. However, in light of the supreme court's recent holdings in Shotts v. OP Winter Haven, Inc., 36 Fla. L. Weekly S665 (Fla. Nov. 23, 2011), and Gessa v. Manor Care of Florida, Inc., 36 Fla. L. Weekly S676 (Fla. Nov. 23, 2011), we remand to the trial court for further consideration. Affirmed; remanded for further consideration. SILBERMAN, C.J., and DAVIS, J., Concur. -2-

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