IN RE LEOLA OLIVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is before us on appeal from an order of involuntary commitment under the Baker Act, Section 394.451, et seq., Florida Statutes. We reverse and remand for further proceedings.
The issue on appeal is whether a person suffering from a mental illness may be involuntarily committed pursuant to Section 394.467, Florida Statutes, because her behavior or personality traits may cause others to physically harm her. Before commitment can be based on the threat of harm from other persons, there must be an evidentiary basis in the record sufficient to establish the circumstances upon which the finding of substantial likelihood of harm is based. Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987). Accordingly, we reverse and remand for further proceedings consistent with this opinion.
SMITH, C.J., and ERVIN and BOOTH, JJ., concur.
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Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)…tively to overrule cases that Singleton does not mention, much less disrupt. Examples abpund. B. What Singleton Does Not Do Singleton does not overrule Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977), Locke v. State Farm Fire & Casualty Co., 509 So. 2d 1375 (Fla. 1st DCA 1987), or Monte v. Tipton, 612 So. 2d 714 (Fla. 2d DCA 1993). Singleton does not stand for the proposition that a lender’s acceleration is irrelevant to the calculation of the statute of limitations. Singleton does not overrule Erwin…1 / 2
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Ginnifer GEE v. U.S. Bank Nat'l Ass'n, 72 So. 3d 211 (Fla. 5th DCA 2011)…the grounds upon which its summary judgment motion was based, U.S. Bank failed to provide Ms. Gee with proper notice of the separate issues to be resolved and why U.S. Bank was entitled to summary judgment.4 See Locke v. State Farm Fire & Cas. Co., 509 So. 2d 1375, 1376-77 (Fla. 1st DCA 1987) (holding that summary judgment motion was insufficient to place non-moving party on notice of issues to be argued at hearing as motion merely stated that no material issues existed and movant was entitled to judgment); s…
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- Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987)