THE STATE OF FLORIDA, APPELLANT,

v.

LUIS VASQUEZ, ADALBERTO DIAZ, AND HORACIO GONZALEZ, APPELLEES

Citator

Cited By (11 total)

• Boller v. State, 775 So. 2d 408 (Fla. 1st DCA 2000)
  …n herself or another). Moreover, testimony that a person may have threatened someone in the past does not amount to clear and convincing evidence that she is a current danger to others. See Singletary, 765 So. 2d at 181, citing Schexnayder v. State, 495 So. 2d 850, 852 (Fla. 1st DCA 1986) (even though a problem may be ongoing, the court is bound to act on the record as presented at the time of the involuntary placement). In the present case, the testimony indicated Appellant was not suicidal, but there was g…
• Lyon v. State, 724 So. 2d 1241 (Fla. 1st DCA 1999)
  …ision because she is unable to make good decisions about her well-being, but he did not state the nature of the self-neglect that appellant would sustain if not committed. Cf. Welk v. State, 542 So. 2d 1343 (Fla. 1st DCA 1989); Schexnayder v. State, 495 So. 2d 850 (Fla. 1st DCA 1986). The record does not support, by clear and convincing evidence, the conclusion that appellant met the third criterion necessary for involuntary placement. Salter, 618 So. 2d at 353. Similarly, Dr. Wikstrom’s testimony amounts to…
• Williams v. State, 522 So. 2d 983 (Fla. 1st DCA 1988)
  …the record, we can find no clear and convincing evidence that appellant was a present danger to herself or to others or that she was unable to survive in the conditions she was residing in at the time she was ordered committed. Schexnayder v. State, 495 So. 2d 850 (Fla. 1st DCA 1986); § 394.467(l)(a)2, Florida Statutes (1987). Even though the other criteria set out in section 394.467(1) might be met, a non-dangerous individual, capable of surviving safely in freedom by herself or with the help of others, shou…

Authorities Cited

• Aldazabal v. State, 471 So. 2d 639 (Fla. 3d DCA 1985)