Florida District Courts of Appeal, 2001

Kirkman v. State

Kirkman v. State
Florida District Courts of Appeal · Decided October 2, 2001 · Allen, Lewis, Padovano
795 So. 2d 269; 2001 Fla. App. LEXIS 13729; 2001 WL 1159583 (Southern Reporter, Second Series)

Kirkman v. State

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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