Angela I. Gessa v. Manor Care of Florida, Inc.

Summary

The court quashed the district court's decision compelling arbitration because the agreement's $250,000 cap on noneconomic damages and waiver of punitive damages were integral, nonseverable provisions that violated the public policy embodied in Florida's nursing-home residents' remedies. The court further held that a court, rather than an arbitrator, must decide the public-policy enforceability issue and that the cited federal delegation decision did not apply because this agreement contained no delegation provision. POLSTON, J., dissenting, would have found the limitations severable and allowed arbitration to proceed, leaving any public-policy determination to the Legislature.