Joseph Moravia, as personal representative of his father Jacques Moravia’s estate, sued Dolphin Pointe and Clear Choice alleging his father died as a result of abuse and neglect while a resident at their nursing home. In response, Dolphin Pointe and Clear Choice moved to compel arbitration based on an arbitration provision within the Resident Admission and Financial Agreement signed by Jacques Moravia.
The trial court held a hearing at which witnesses testified and various records were received into evidence. As found by the trial court, Jacques Moravia was picked up by the Jacksonville Sheriff’s Office in a confused state wandering down the road on December 5, 2021. Law enforcement officers took him to a nearby hospital. Ultimately, Jacques Moravia was discharged from the hospital on December 15, 2021, with a diagnosis of likely dementia with behavioral disturbances. He was then admitted to Dolphin Pointe Health Care that same day with a diagnosis of dementia or cognitive impairment.
The next day, Jacques Moravia was seen by Louella Marinos, APRN, who documented that he “was agitated, scared, upset, had poor concentration, and required refocusing. He asked her to call his son [Joseph Moravia, Jacques’s power of attorney] to answer her questions. Ms. Marinos diagnosed [Jacques] Moravia with unspecified dementia.” On the same day he saw Marinos, Jacques Moravia signed the admission paperwork that included the arbitration agreement.
Joseph Moravia testified that when his father arrived at Dolphin Pointe, his “mentation was waxing and waning.” Jacques Moravia at times “said things that made sense, but then would make references to his deceased wife as if she was still alive.” The trial court found Joseph Moravia’s testimony “persuasive.” Based on these findings, the trial court concluded that Joseph Moravia “proved by the greater weight of the evidence that [Jacques Moravia] lacked the mental capacity to enter into the arbitration agreement.” As a result, the court denied the motion to compel arbitration.
The Fifth District Court of Appeal State of Florida stated in its May 11, 2026 decision that when deciding a motion to compel arbitration, a court considers three issues: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.
Where the mental capacity of Jacques Moravia is at issue, Florida law presumes a contracting person is competent. This presumption may be overcome only when the party challenging the arbitration agreement establishes by a preponderance of the evidence that the contracting person was incapable of comprehending the nature and effect of the agreement. Thus, as the trial judge correctly concluded, the burden is on Joseph Moravia to establish that at the time his father signed the Resident Admission and Financial Agreement containing the arbitration provision, he did not have the mental capacity to do so.
The Florida appellate court held: “Here, the trial judge weighed the evidence presented to him and concluded Joseph Moravia had met his burden and established that Jacques Moravia lacked the mental capacity to sign the admission documents that included the arbitration agreement. In a well-reasoned order, the trial court found Jacques Moravia was picked up by the Jacksonville Sheriff’s Office in a confused state wandering down the road. After being discharged from a 10-day hospital stay with a diagnosis of likely dementia with behavioral disturbances, he was then admitted to Dolphin Pointe Health Care with a diagnosis of dementia or cognitive impairment. When Jacques Moravia was seen by Dolphin Pointe personnel, he was observed by them to be “agitated, scared, upset, [with] poor concentration, and require[ing] refocusing.” At the time Jacques Moravia signed the admission paperwork, his mental capacity was “waxing and waning” to the extent he would at times refer to his deceased wife as if she were still alive at that time. There is competent substantial evidence in the record before us supporting the trial court’s factual findings. Indeed, the trial judge’s well-written order points to the evidence upon which his findings rely. As a result, we will not disturb these findings, even if, as Dolphin Pointe and Clear Choice argue, there may exist other evidence in the record that could support a different conclusion.”
Source Dolphin Pointe Health Care, LLC, d/b/a Dolphin Pointe Health Care Center, and Clear Choice Health Care, LLC v. Moravia, Case No. 5D2024-1771.
If you or a loved one suffered harm while a resident of a nursing home in Florida or in another U.S. state due to nursing home resident on resident assault, nursing home pressure ulcers, nursing home understaffing, nursing home abuse, nursing home neglect, nursing home negligence, or the failure to provide appropriate care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Florida or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
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