September 22, 2025

MIAMI, FL – In a significant appellate win, Miami Partner David Perez, and Tampa Partners Maggie Colter and Thomas Valdez have successfully defended an assisted living facility by securing a final judgment that orders the case into arbitration, upholding the client's contracted rights and moving the dispute out of the public court system.

Overview of the Case

The legal dispute involved a resident's family who filed a lawsuit against an assisted living facility. The core of the matter centered on two separate arbitration agreements. The Plaintiff, the resident's daughter, claimed the agreement she signed was not legally enforceable, as she did so only as the financially responsible party, not a legal representative. The Plaintiff then argued a second, earlier agreement signed by her mother was not valid because it was superseded by the later agreement. The defense's position was that both agreements should be enforced, which would keep the case from going to a public trial and direct it toward a private arbitration process as per the original contract. 

Key Difference-Makers

• David Perez – Partner, Miami
• Maggie Colter – Partner, Tampa 
• Thomas Valdez – Partner, Tampa 

Defense Strategy

The defense team demonstrated a strategic and persistent approach. When the first Motion to Compel Arbitration was denied, the team pivoted to a second, older arbitration agreement signed by the resident herself.

As Miami Partner David Perez noted, "When the first motion to compel arbitration was denied, we did not give up and moved to enforce the second arbitration agreement. When it was denied as well, we appealed the decision to the Florida Fourth District Court of Appeal (4th DCA) as we were confident we were correct in our legal analysis."

The defense team's legal analysis was based on a critical detail: the Plaintiff's previous successful argument that the second agreement was invalid due to execution issues. QPWB attorneys argued this meant the second agreement lacked the legal authority to supersede the first, strengthening the case for enforcement of the original contract. 

Impact on Final Outcome

The 4th DCA sided with the defense team, reversing the trial court's decision. The appellate court found that the agreement signed by the resident was enforceable, agreeing with the defense's position that the contract was intended to cover subsequent owners and successors in interest. In addition, the court held that the agreement was intended to survive even if the resident left the facility and was later readmitted.

The court also rejected the Plaintiff's claim that a merger clause in a subsequent agreement superseded the first. The appellate court noted that the Plaintiff had previously argued that the subsequent agreement was invalid due to problems with its execution, so it lacked the legal force to override the original contract. This victory ensures the case will be resolved in a private arbitration setting, as the client's contract intended.

Unique Aspects of the Case

The most unique aspect of this case was the existence of two separate arbitration agreements. The Plaintiff's own successful argument against the validity of the later agreement, paradoxically, provided the legal grounds for the court to enforce the earlier one.

Predicting the Future

This win highlights QPWB's commitment to defending a client's contracted rights, even in the face of initial setbacks. The victory sets a powerful precedent for future cases, demonstrating the firm's willingness and ability to pursue matters to the appellate level to achieve a favorable outcome for its clients. As we've shown, we will not stop in the pursuit of the enforcement of our client's rights.

Key Actions in This Case

• Persistent Defense: The team filed a second motion to compel arbitration after the first was denied
• Successful Appeal: The defense team appealed the trial court's denial to the 4th DCA
• Appellate Court Reversal: The 4th DCA agreed with the defense's position, reversing the lower court's decision and ordering the case to arbitration

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.