Supreme Court of Florida

Juan Mendez, Jr. v. Hampton Court Nursing Center, LLC, Respondent — Canady, J., Dissenting

September 22, 201641 Fla. L. Weekly Supp. 394

Summary

Justice Canady, dissenting, would not quash the decision under review because the petitioner failed to present an argument establishing that the common-law third-party-beneficiary doctrine was unavailable. He reasoned that the statutory requirements for nursing-home contracts did not expressly or impliedly displace otherwise available common-law remedies. Justice Polston, dissenting separately, would likewise enforce the arbitration agreement against the son who signed the contract as the resident's representative and rejected the majority's manifest-injustice approach.