Zephyr Haven Health & Rehab Center v. Hardin
Florida District Court of Appeal
122 So. 3d 916 (2013)
- Written by Alexander Hager-DeMyer, JD
Facts
Edna Hardin (plaintiff) was admitted to a nursing facility run by Zephyr Haven Health & Rehab Center, Inc. and several other co-owners (owners) (defendants). Hardin signed an arbitration agreement as part of her admission documents. Among its provisions, the agreement stated that in any arbitration proceeding, the nursing facility would pay the first $500 of arbitration fees and would split any additional expenses, with the nursing facility responsible for 60 percent of the costs and Hardin responsible for the other 40 percent. Both parties would cover their respective attorney’s fees. Hardin later filed suit against the owners in Florida state court for claims related to her care at the facility. The owners moved to dismiss the case and compel arbitration, citing the arbitration agreement. Hardin affirmed that she signed the agreement but argued that it was impossible for her to arbitrate because she could not afford her share of the arbitration expenses. Hardin submitted several invoices from unrelated arbitration proceedings to demonstrate the possible cost of the forum. Hardin then presented testimony regarding her strained personal finances. During the testimony, it was revealed that Hardin’s care costs had lessened from the time she was admitted to the owners’ facility. Testimony also revealed that Hardin could choose care options to further reduce her out-of-pocket costs. Hardin refused to provide any evidence regarding the costs of her attorneys in the suit or anticipated costs of continued representation. The trial court denied the owners’ motion to compel arbitration, finding the agreement unconscionable and impossible for Hardin to perform. The owners appealed.
Rule of Law
Issue
Holding and Reasoning (Silberman, J.)
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