Gainesville Health Care Center, Inc. v. Weston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a court determines the validity of an arbitration provision and whether it is unconscionable or not
• holding that the trial court’s findings were insufficient to prove procedural uncon-scionability where the contract was pre-printed, the plaintiff did not understand the terms of the contract, and no one explained the terms to the plaintiff
• observing that the standard of review applicable to a trial court's factual findings is whether they are supported by competent substantial evidence
• finding that although the plaintiff “did not understand the arbitration provision” she had “ample opportunity” to examine the document and consult with advisors or a lawyer
• observing that both the Federal Arbitration Act and the Florida Arbitration Code permit a challenge to the validity of an arbitration provision based upon state-law contract defenses
• finding adhesion contract not to be procedurally unconscionable and enforcing arbitration clause where customer could have obtained nursing home services elsewhere

Source: CourtListener parenthetical corpus (CC0).