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PRIETO v. HEALTHCARE AND RETIREMENT CORP.

No. 3D03-3244.

919 So.2d 531 (2005)

Lourdes PRIETO, as Personal Representative of the Estate of Valentin Perez, Deceased, Appellant, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 8, 2006.

Attorney(s) appearing for the Case

Fuller & Suarez; Philip M. Burlington (West Palm Beach), for appellant.

Cole, Scott & Kissane and Christopher B. Hopkins (West Palm Beach), for appellee.

Before GERSTEN, FLETCHER, and RAMIREZ, JJ.

Rehearing and Rehearing En Banc Denied February 8, 2006.

FLETCHER, Judge.

This is an appeal from an order enforcing an agreement, which provided for arbitration and a limitation of liability. We reverse.

Between October 2 and 17, 2001, while residing at a nursing home owned and/or operated by Healthcare and Retirement Corporation of America, Valentin Perez suffered a urinary infection which ultimately resulted in his death on October 31, 2001. Lourdes...

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