Adult Communities Total Services, Inc. v. Estate of Zimmerman
Adult Communities Total Services, Inc. v. Estate of Zimmerman
Opinion of the Court
We reverse a summary final judgment entered in favor of appellees. The judgment awarded an entrance fee refund, with credits, arising after the termination of a resident contract with a continuing care facility. We agree with appellant that under the terms of the contract, a resident’s entitlement to a refund depended upon the “termination” of the contract; termination did not become effective until either 30 days after receipt of notice of termination or surrender of the unit, whichever occurred later. In the light most favorable to appellant, the record shows that appellant waived the requirement of written
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.