Florida District Courts of Appeal, 1992

Gunter v. Bradley

Gunter v. Bradley
Florida District Courts of Appeal · Decided September 4, 1992 · Blue, Danahy, Ryder
603 So. 2d 725; 1992 Fla. App. LEXIS 9367; 1992 WL 213133 (Southern Reporter, Second Series)

Gunter v. Bradley

Opinion of the Court

BLUE, Judge.

Stephen Lowell Gunter appeals the denial of his petition for writ of habeas corpus. We agree with his contention that upon the receipt of his written request for release from the facility, the administrator of Wood Memorial Hospital did not comply with section 394.465, Florida Statutes (1989). We reverse the denial of the petition for writ of habeas corpus and remand. Upon remand the trial court shall at the earliest possible time schedule a hearing to determine the present status of Mr. Gun-ter. At that hearing the court shall order Mr. Gunter’s immediate release, unless it is proven that any continued confinement in a mental health facility is the result of proper proceedings for involuntary placement.

Reversed and remanded.

RYDER, Acting C.J., and DANAHY, J., concur.

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