DEPARTMENT OF HEALTH & REHAB. SERV. v. HARRELL

No. P-357.

258 So.2d 340 (1972)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Department of Legal Affairs, As State Agencies, Appellants, v. Maude J. HARRELL, As Administratrix of the Estate of Charles F. Jimerson, Deceased, Appellee.

District Court of Appeal of Florida, First District.

February 24, 1972.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Joseph C. Mellichamp and W. Robert Olive, Jr., Asst. Attys. Gen., for appellants.

Harris Ball, Jacksonville, for appellee.


WIGGINTON, Judge.

Plaintiff has appealed a final judgment on the pleadings rendered in favor of defendant. It is contended that the trial court erred in holding that defendant was entitled to judgment as a matter of law. Applying the controlling principles applicable to a consideration of a motion for judgment on the pleadings, the following undisputed facts are established.

Charles F. Jimerson was adjudged mentally incompetent by the County Judge's Court...

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