Smith v. Folsom Investors CA3
Defendants Folsom Investors, L.P. doing business as Empire Ranch Alzheimer’s Special Care Center; Folsom Group LLC; Jerry Erwin Associates, Inc., doing business as JEA Senior Living, Inc.; and Brian Pawloski appeal from an order denying their petition to compel arbitration of multiple causes of action in a complaint filed by plaintiffs Ronald Smith, Carrie Zenker, and Amorio Ferreira in their individual capacity and as successors in interest to decedent Carol McCormac. Defendants claim a power of attorney making Zenker the attorney-in-fact for decedent authorized her to execute an arbitration agreement compelling plaintiffs to arbitrate their claims. We agree and will reverse the trial court’s order denying the motion to compel, with the exception of the trial court’s conclusion regarding the absence of a delegation clause in the arbitration agreement, and we will remand the matter to the trial court for further proceedings.
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