Berry v. State

District Court of Appeal of Florida

Berry v. State

751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 2000

DocketNo. 1D99-2352

StatusPublished

This text of 751 So. 2d 764 (Berry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. State, 751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. However, the record does not clearly and convincingly establish the nature, extent, and likelihood of any future [765]*765harm which would comport with the requirements of section 394.467(l)(a)2. While the appellant might derive some benefit from further treatment in a structured living arrangement, this does not justify a Baker Act commitment. See Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998); Braden v. State, 575 So.2d 756; Welk v. State, 542 So.2d 1343 (Fla. 1st DCA 1989). The appealed order is therefore reversed.

ALLEN, WOLF and VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. However, the record does not clearly and convincingly establish the nature, extent, and likelihood of any future [765]*765harm which would comport with the requirements of section 394.467(l)(a)2. While the appellant might derive some benefit from further treatment in a structured living arrangement, this does not justify a Baker Act commitment. See Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998); Braden v. State, 575 So.2d 756; Welk v. State, 542 So.2d 1343 (Fla. 1st DCA 1989). The appealed order is therefore reversed.

ALLEN, WOLF and VAN NORTWICK, JJ., CONCUR.

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Bluebook (online)

751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-state-fladistctapp-2000.

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