Kindred Nursing Centers Ltd. Partnership v. Sloan
2010 Ky. App. LEXIS 225
| Ky. Ct. App. | 2010Background
- Reed, resident of Harrodsburg Health Care Center, died August 28, 2007, with Sloan appointed ancillary administrator of Reed's estate.
- Sloan, individually and as representative for other beneficiaries, sued Kindred for negligence and statutory duty violations arising from Reed's death.
- Kindred moved to compel arbitration, asserting Reed signed an arbitration agreement, potentially via a valid power of attorney.
- Circuit Court denied Kindred's motion to compel arbitration in an August 13, 2009 order.
- Kindred appealed, arguing KUAA and FAA required arbitration and dismissal or stay of the action.
- This Court vacated the circuit court’s order due to lack of specific findings of fact and conclusions of law and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in denying arbitration without findings | Kindred | Sloan | Remand for proper findings required |
| Existence/enforceability of arbitration agreement | Kindred– Reed signed via power of attorney | Sloan | Issue to be determined on remand under KUAA/FAA |
| Appropriate standard and scope of review for a KUAA/FAA arbitration motion | Kindred | Sloan | Court must apply CR 52.01 and conduct proper factual/conceptual review on remand |
| Compliance with CR 52.01 requirement for written findings | Kindred | Sloan | Remand to produce specific findings of fact and conclusions of law |
Key Cases Cited
- Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335 (Ky.App.2001) (standard of review for 417.060 proceedings)
- Brown v. Shelton, 156 S.W.3d 319 (Ky.App.2004) (adequacy of findings under CR 52.01)
- Midland Guardian Acceptance Corp. of Cincinnati, Ohio v. Britt, 439 S.W.2d 313 (Ky.1968) (court speaks through written orders; oral findings not reviewable)
- Commonwealth v. Wilson, 132 S.W.2d 522 (Ky.1939) (written order requirement for appellate review)