# Campbell v. Stoner

> District Court of Appeal of Florida · June 15, 1971 · 249 So. 2d 474

URL: https://www.frixlaw.com/law-library/cases/7443858

## Case

- **Full name:** Elizabeth R. CAMPBELL, as surviving widow of Robert H. Campbell and as of the Estate of Robert H. Campbell v. Louis B. STONER and Indian Creek Country Club, Inc.
- **Court:** District Court of Appeal of Florida
- **Decided:** June 15, 1971
- **Citations:** 249 So. 2d 474; 1971 Fla. App. LEXIS 6370
- **Precedential status:** Published
- **Opinion:** Dissent by Barkdull
- **Judges:** Barkdull, Hendry, Swann
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7443858

## Opinion text

BARKDULL, Judge
(dissenting).
I respectfully dissent and would uphold the trial court’s ruling. From the affidavit recited in the majority opinion, it appears that it was alleged that Louis B. Stoner was incompetent on December 5, 1970. He was involuntarily hospitalized pursuant to the provisions of Ch. 394, Fla.Stat., F.S.A. He was subsequently found to be incompetent, as alleged in the original petition, by the committee provided for in said Chapter. He was served with process while involuntarily confined. He has never been released from confinement since he was taken into custody and it appears that at the hearing, on December 18, 1970, the court found that he was incompetent as alleged in the petition filed December 5, 1970 but withheld the adjudication pending prescribed treatment.
I am therefore of the opinion that he was incompetent at the time service was attempted upon him on December 15, 1970.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7443858. Public record. Not legal advice.