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)…statute of limitations on a mortgage foreclosure action does not begin to run until the last payment is due unless the mortgage contains an acceleration clause which the mortgagee has chosen, to exercise); accord Locke v. State Farm Fire & Cas. Co., 509 So. 2d 1375, 1377 (Fla. 1st DCA 1987); see also Smith v. F.D.I.C., 61 F. 3d 1552, 1561-62 (11th Cir.1995), and Harmony Homes, Inc. v. U.S. on Behalf of Small Bus. Admin., 936 F.Supp. 907, 911 (M.D.Fla.1996) (similarly relying on Tipton, Locke, and Conner v. Cog…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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U.S. Bank Nat'l Ass'n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014)…nt is due unless the mortgage contains an acceleration clause.”; holding that because cause of action did not accrue until the acceleration clause was triggered, the statute of limitations did not bar the suit); Locke v. State Farm, Fire & Cas. Co., 509 So. 2d 1375 (Fla. 1st DCA 1987) (holding that because lender had not exercised its optional right to accelerate until it filed its foreclosure complaint, the statute of limitations had not yet run); Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977) (rejecti…
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- Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987)