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AMI ANCLOTE MANOR HOSP. v. STATE EX REL. WEBER

No. 89-01237.

553 So.2d 199 (1989)

AMI ANCLOTE MANOR HOSPITAL, and James A. Baird, Jr., As Administrator of Ami Anclote Manor Hospital, Petitioners, v. STATE of Florida, ex rel. David WEBER, Joseph Fraser, Bob Blumenthal, Jerry Gonzales, Raymond H. Knight, Janice Vermillion, Jackie Everhart, Donna Macdonald, Tony Picchianti, Marybeth Brunstetter, Leonard Lazarus, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 14, 1989.

Attorney(s) appearing for the Case

Paul M. Smith of Onek, Klein & Farr, Washington, D.C., and Robert V. Williams and Joseph S. Jackson of Taub & Williams, P.A., Tampa, for petitioners.

Barbara Ann Dell McPherson, St. Petersburg, for respondent, Dept. of Health and Rehabilitative Services.

James T. Russell, State Atty. and C. Marie King, Asst. State Atty., Clearwater, for respondent, State Atty. of the Sixth Judicial Circuit of Florida.

PER CURIAM.

The State Attorney and the Public Defender for the Sixth Judicial Circuit and the Department of Health and Rehabilitative Services (HRS) filed in the trial court a petition for writ of habeas corpus on behalf of eleven named patients at Anclote Manor Hospital. The petition, filed pursuant to section 394.459(10), Florida Statutes (1987), alleged that the patients had been unduly restrained while at Anclote and prevented from transferring to other facilities...

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