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KIRKLAND EX REL. KIRKLAND v. STATE, DEPT. OF HLT. ETC.

No. AI-305.

424 So.2d 925 (1983)

Brenda Lee KIRKLAND, Incompetent, by and through Her Legally Appointed Guardian, Emma Lee KIRKLAND, and John C. Kirkland and Emma Lee Kirkland, As Individuals, Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Northeast Florida State Hospital, an Agency of the State of Florida, and Sonia F. Aznar, M.D., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 28, 1983.

Attorney(s) appearing for the Case

E.C. Deeno Kitchen, Brian S. Duffy and Mary Lee Sweet of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, and Althea M. Lachicotte, Jacksonville, for appellants.

Jerrold K. Phillips of Brooks, Callahan & Phillips, Tallahassee, for appellees.

JOANOS, Judge.

Kirkland appeals an order dismissing her amended complaint based upon the principles set forth in Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979). We reverse.

As alleged in the amended complaint, Brenda Kirkland was suffering from a severe and incapacitating mental illness when she was voluntarily committed to the Northeast Florida State Hospital (NFSH) on June 11,...

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