Palm Garden of Healthcare Holdings, LLC v. Haydu, 209 So. 3d 636

On Jan. 9, 2015, Valerie Haydu signed a nursing-home admission agreement for her father, James Yongue, at Palm Garden of Orlando; the agreement contained an optional arbitration clause.
Yongue suffered a serious aspiration event on Jan. 11, 2015, was hospitalized, and never returned to the facility; he could not verbally communicate at the time of the arbitration dispute.
Haydu later obtained power of attorney and sued the nursing home for negligence arising from the aspiration event. Appellants moved to compel arbitration based on the admissions agreement Haydu signed.
At the motion hearing the evidence conflicted: Buzon (admissions director) testified Yongue gave verbal consent and that his signature appeared on the form; Haydu testified she had no authority, did not recognize the signature, signed in a dim room without Buzon present, and did not know why Yongue did not sign.
The trial court found Yongue competent but concluded the record did not establish that Yongue or Haydu (as his agent) entered into a binding arbitration agreement; no power of attorney existed at the time and there was insufficient proof of actual or apparent agency.
The Fifth District affirmed, holding appellants failed to meet their burden to prove an enforceable written arbitration agreement binding Yongue.

Issue	Plaintiff's Argument (Haydu)	Defendant's Argument (Appellants)	Held
Whether a valid written agreement to arbitrate binds Yongue	Haydu argued she lacked authority to bind Yongue; he did not validly consent and did not sign	Appellants argued Yongue gave verbal consent and Haydu signed with his authorization, so the arbitration clause binds him	Trial court: no — insufficient evidence of Yongue’s consent or of Haydu’s agency to bind him; affirmed
Whether a nonsignatory (Yongue) can be bound by acts of a signatory (Haydu)	Haydu: she was not authorized; no apparent or implied agency existed	Appellants: agency can be implied; Haydu acted as Yongue’s agent when she signed	Court: agency not established — no representation by principal, no reliance by third party, no change in position; acts of agent alone insufficient
Burden of proof for compelling arbitration	Haydu: burden on appellants to show enforceable written agreement	Appellants: claimed documentary and testimonial evidence satisfied burden	Court: appellants failed to carry their burden to prove an enforceable written arbitration agreement
Whether lack of formal POA is dispositive to agency	Haydu: absence of POA shows no authority	Appellants: POA not required; agency can arise by oral or implied consent	Court: lack of POA not dispositive, but record still lacks evidence of agency; affirmed

Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla. 1999) (elements for ruling on motion to compel arbitration)
Stalley v. Transitional Hosps. Corp. of Tampa, Inc., 44 So.3d 627 (Fla. 2d DCA 2010) (nonsignatory bound when signatory authorized as agent; agency principles govern)
Mobil Oil Corp. v. Bransford, 648 So.2d 119 (Fla. 1995) (elements of apparent agency)
Fonte v. AT&T Wireless Servs., Inc., 903 So.2d 1019 (Fla. 4th DCA 2005) (standard of review for arbitration motions is mixed law and fact)
Fi-Evergreen Woods, LLC v. Estate of Vrastil, 118 So.3d 859 (Fla. 5th DCA 2013) (deference to factual findings; review standard)
Steve Owren, Inc. v. Connolly, 877 So.2d 918 (Fla. 4th DCA 2004) (proponent of arbitration bears burden to establish enforceable agreement)
Mobil Oil Corp. v. Bransford, 648 So.2d 119 (Fla. 1995) (apparent agency requires representation by principal, reliance, and change in position)
Sovereign Healthcare of Tampa, LLC v. Estate of Yarawsky, 150 So.3d 873 (Fla. 2d DCA 2014) (similar facts: resident did not sign; signer lacked authority; arbitration clause not enforceable)