Florida District Courts of Appeal, 2016

A.K. v. Orlando Health, Inc.

A.K. v. Orlando Health, Inc.
Florida District Courts of Appeal · Decided February 29, 2016 · Lawson, Cohen, Lambert
186 So. 3d 626; 2016 WL 830411 (Southern Reporter, Third Series)

A.K. v. Orlando Health, Inc.

Opinion

PER CURIAM.

A.K. and W.K., individually and on behalf of their son, N.K., appeal from a nonfi-nal order compelling contractual arbitration. The arbitration provision in this case is substantially similar to the one we addressed in Crespo v. Hernandez, 151 So.3d 495 (Fla. 5th DCA 2014),- review granted, 171 So.3d 116 (Fla. 2015). As in Crespo, we hold that the arbitration agreement at issue here violates the public policy pronounced by the Legislature in the Medical Malpractice Act, chapter 766, Florida Statutes (2012), by failing to adopt the necessary statutory provisions. Accordingly, we reverse the order compelling arbitration 'and remand to the trial court for further procéedings. We also certify that this decision. conflicts with Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014).

REVERSED AND REMANDED; CONFLICT CERTIFIED

LAWSON, C.J., COHEN and LAMBERT, JJ., concur.

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