Aztec Medical Services, Inc. v. Burger,
No. 4D01-421 (Fla. Dist. Ct. App. Aug. 22, 2001)

A medical management company appealed a trial court order denying its motion to compel arbitration with a urology group. The physicians of the urology group sued the company for breach of contract and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The physicians claimed that the company down-coded bills and unilaterally underpaid the physicians for their services. The company moved to dismiss the claims because the physician's contract contained provisions which directed the parties to settle disputes about their business relationship through binding arbitration.

The physicians submitted to arbitration on the breach of contract claims, but argued that the arbitration provision could not be applied to their statutory claims. The management company argued that failure to enforce the arbitration provision would violate state and national policies in favor of arbitration. The District Court of Appeals of Florida agreed. The district court stated that arbitration does not deny the parties access to the courts. Rather, by agreeing to the arbitration clause, the parties waived their rights to litigation. The district court could find no support for the argument that the arbitration provision would not apply to the statutory claim. The court found that the factual allegations set forth in the physicians' statutory claim were plainly governed by the terms of the parties' agreement and, thus, the contractual "nexus" was satisfied. Additionally, the plain language of the provision, said the court, applied to any dispute the parties may have regarding their business relationship, and did not limit itself to only those claims about the rights and obligations of the parties.