Greenbrook NH, LLC v. Estate of Sayre ex rel. Raymond

Summary

The Florida Second District Court of Appeal held that an arbitration agreement signed upon admission to a skilled nursing facility remained valid and enforceable despite portions of the executed copy being obscured by a photocopying error. The court concluded that the agreement contained sufficient terms to establish the parties’ intent to arbitrate and that statutory provisions could address any gap concerning the selection of a neutral arbitrator. The court reversed and remanded with directions to grant the motion to compel arbitration.

Holdings

1. The arbitration agreement was valid and enforceable because the unobscured provisions, read as a whole, sufficiently demonstrated the parties' intent to arbitrate and supplied definite terms concerning the matters to be arbitrated and the procedure for arbitration.
2. An arbitration agreement is enforceable when the signatory has a meaningful opportunity to review it, obtain guidance, and accept or reject its terms; on these facts, Raymond had such an opportunity and signed with a clear intent to arbitrate potential disputes.

Questions Presented

1. Whether an arbitration agreement remains valid and enforceable when portions of the executed copy, including the title, part of the arbitration-panel procedure, and part of a severability clause, are obscured by a photocopying error.
2. Whether the Florida Arbitration Code supplies or cures the omitted procedural term concerning selection of a neutral arbitrator or umpire.

Disposition

reversed_and_remanded