Kirkman v. State

District Court of Appeal of Florida

Kirkman v. State

795 So. 2d 269, 2001 Fla. App. LEXIS 13729, 2001 WL 1159583

District Court of Appeal of Florida·Decided October 2, 2001·No. No. 1D01-908·Published

Opinion

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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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.

Kirkman v. State, 795 So. 2d 269, 2001 Fla. App. LEXIS 13729, 2001 WL 1159583 (Fla. Ct. App. 2001).

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