SHELTON E. KIRKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHELTON E. KIRKMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
795 So. 2d 269
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
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(l)(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.
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Sarina Maria Hines v. Whataburger Rests. LLC, 301 So. 3d 473 (Fla. 1st DCA 2020)…ve applied the four-year statute of limitations exception created by Joshua. See Ellsworth v. Polk Cty. Bd. of Cty. Comm’rs, 780 So. 2d 903 (Fla. 2001); Seale v. EMSA Corr. Care, Inc., 767 So. 2d 1188 (Fla. 2000); Kintz v. Escambia Cty. Util. Auth., 795 So. 2d 269 (Fla. 1st DCA 2001); Williams v. Se. Fla. Cable, Inc., 782 So. 2d 988 (Fla. 4th DCA 2001); Dixon v. Sprint-Fla., 787 So. 2d 968 (Fla. 5th DCA 2001). The Second District Court of Appeal has also held that the four-year statute of limitations applie…
Authorities Cited
- Boller v. State, 775 So. 2d 408 (Fla. 1st DCA 2000)
- Blue v. State, 764 So. 2d 697 (Fla. 1st DCA 2000)