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Kirkman v. State

District Court of Appeal of Florida, First District
Oct 2, 2001
795 So. 2d 269 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 1D01-908

Opinion filed October 2, 2001.

An appeal from Circuit Court of Duval County. Jean M. Johnson, Judge.

Louis O. Frost, Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, and Sean F. Callaghan, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. As the appellant asserts, the record evidence does not establish the necessary criteria under section 394.467(1)(a)2; there was no showing that the appellant is likely to suffer from neglect or a refusal to care for himself, and the testimony did not demonstrate a substantial likelihood that the appellant would inflict serious bodily harm on himself or another. See Boller v. State, 775 So.2d 408 (Fla. 1st DCA 2000); Blue v. State, 764 So.2d 697 (Fla. 1st DCA 2000). The appealed order is therefore reversed.

ALLEN, C.J., PADOVANO and LEWIS, JJ., CONCUR.


Summaries of

Kirkman v. State

District Court of Appeal of Florida, First District
Oct 2, 2001
795 So. 2d 269 (Fla. Dist. Ct. App. 2001)
Case details for

Kirkman v. State

Case Details

Full title:SHELTON E. KIRKMAN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 2, 2001

Citations

795 So. 2d 269 (Fla. Dist. Ct. App. 2001)