Boone Operations, LLC, D/B/A Harrison Rehabilitation and Health Ceter; Harrison – Progressive Eldercare Services, Inc., D/B/A Harrison Rehabilitation and Care Center; Progressive Eldercare Services, Inc.; Jej Investments, LLC; Marybret, LLC; Ross Ponthie; John F. Ponthie; Mark Thompson; Cathy Abatangle, in Her Capacity as Administrator of Harrison Rehabilitatoin and Health Center; And Lillie I. Dean, in Her Capacity as Director of Nursing of Harrison Rehabilitation and Health Center v. Cherie Adams, as Personal Administratrix of the Estate of Roy Gattis and on Behalf of the Wrongful Death Beneficiaries of Roy Gattis, 2025 Ark. App. 34

Roy Gattis resided at a nursing home in Arkansas from May 2016 to July 2018 and passed away in March 2019.
Cherie Adams, Roy’s daughter and personal administratrix, sued the nursing home (Boone) for negligence, medical malpractice, and wrongful death.
Boone sought to compel arbitration based on a 2016 agreement signed by Cherie under a general power of attorney.
The 2013 power of attorney required both Cherie and her brother, Anthony, to act jointly to bind their father.
Cherie signed the arbitration agreement alone; Anthony was not consulted or asked to participate.
The circuit court found the arbitration agreement invalid and denied Boone’s motion to compel arbitration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Arbitration Agreement	Cherie could not bind Roy alone due to joint agent requirement	Boone relied on Cherie’s signature and apparent authority	Agreement invalid due to lack of joint action
Estoppel	No statutory or case law supports estoppel here; Boone was aware of joint agency	Cherie should be estopped from denying her authority	Estoppel not applicable; Boone was aware of requirement
Statutory Authority to Rely	The 2013 POA’s joint action requirement removes apparent authority	Statute allows reliance on acknowledged POA	Statute requires actual authority; joint action needed
Need for Jury Trial	No request for a jury trial by Cherie on motion to compel	Fact dispute warrants a jury trial	No jury necessary; court decides validity under Arkansas law

Morgan v. Sundance, Inc., 596 U.S. 411 (2022) (Federal policy is to treat arbitration contracts equally with others; not to favor arbitration itself)
Westlake Servs., LLC v. England, 689 S.W.3d 664 (Ark. App. 2024) (Standard for reviewing denial of motion to compel arbitration)
Ashton Place Health & Rehab, LLC v. Russell, 675 S.W.3d 140 (Ark. App. 2023) (Burden is on proponent to prove essential elements of arbitration agreement)
Steinbuch v. Univ. of Ark., 677 S.W.3d 199 (Ark. 2023) (Appellate courts may affirm for the right result, even if lower court gave wrong reason)