Harrell v. Department of Health & Rehabilitative Services

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, reported at 258 So.2d 340. The decision sought to be reviewed conflicts with Kirk v. Wiggin, 242 So.2d 725 (Fla.App. 3rd 1971), giving this Court jurisdiction under § 4, Article V of the Florida Constitution, F.S.A.

The facts are undisputed. Charles F. Ji-merson was adjudged mentally incompetent and admitted to the Florida State Hospital for the Insane at Chattahoochee on May 14, 1935. He remained at the hospital until the time of his death on January…