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CLARKE v. REGIER

No. 3D04-1604.

881 So.2d 656 (2004)

Hansel CLARKE, Petitioner, v. Jerry REGIER, Secretary of Department of Children and Families and Diane Funston, Administrator of South Florida State Hospital/Atlantic Shores Healthcare, Inc., Respondents.

District Court of Appeal of Florida, Third District.

August 18, 2004.

Attorney(s) appearing for the Case

Levine & Finger, and Jay L. Levine, Miami, for petitioner.

Mary Ellen McDonald, Chief District Legal Counsel for Department of Children and Families, District 11; Katherine Fernandez Rundle, State Attorney Office, and Monica Gordo, Assistant State Attorney; and Larry Davis, Counsel for South Florida State Hospital/Atlantic Shores Healthcare, Inc., and Diane Funston, Administrator of South Florida State Hospital/Atlantic Shores Healthcare, Inc.; and Jerry Regier, Secretary of Department of Children and Families, for respondents.

Before LEVY, FLETCHER, and RAMIREZ, JJ.

RAMIREZ, J.

Petitioner, Hansel Clarke, petitioned this court for a writ of habeas corpus directed to the respondents, Jerry Regier, as Secretary of the Department of Children and Families and Diane Funston, Administrator of the South Florida State Hospital/Atlantic Shores Healthcare, Inc. We hereby treat the petition as one for a belated appeal and reverse the order of the trial court because it had no authority to continue the involuntary commitment of petitioner...

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