CLYDE TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLYDE TAYLOR, APPELLANT,
STATE OF FLORIDA, APPELLEE
536 So. 2d 1050
Florida District Court of Appeal, First District (1988)
Negative Treatment
Cited by 3 cases
Opinion of the Court
WENTWORTH, Judge.
Appellant asserts that the trial court erred in involuntarily committing appellant to Florida State Hospital as the section 394.467, Florida Statutes, criteria were not proven by clear and convincing evidence. By motion to dismiss appellee states that this appeal is moot in that appellant was released from Florida State Hospital on November 12, 1987. This court on March 28, 1988 entered an order denying the motion without prejudice to dismissal of the appeal as moot upon consideration of the parties’ briefs.
Because no collateral legal consequence of the involuntary commitment is shown, this appeal appears to be moot and is therefore dismissed.
SMITH, C.J., and WIGGINTON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ramsey v. Jonassen, 737 So. 2d 1114 (Fla. 2d DCA 1999)…act of the party claiming the estoppel, or where the positions taken involved solely a question of law. See also Dunne v. Somoano, 550 So. 2d 5 (Fla. 3d DCA 1989); Khan v. Simkins, 687 So. 2d 16 (Fla. 3d DCA 1996); Moore v. State, Dept. of Revenue, 536 So. 2d 1050 (Fla. 1st DCA 1988). Thus, judicial estoppel is used to prevent a party from raising a claim that should have been raised in another action, and the failure to raise it was relied upon by a third party to his or her detriment. Since Appellee here w…
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Godwin v. State, 557 So. 2d 955 (Fla. 1st DCA 1990)…anted. In Westlake v. State, 440 So. 2d 74 (Fla. 5th DCA 1983), it was held that to avoid dismissal in similar circumstances, appellant must at least demonstrate collateral legal consequences from her involuntary commitment. Accord, Taylor v. State, 536 So. 2d 1050 (Fla. 1st DCA 1988). Here, appellant relies on potentialities that do not appear to be legal in nature. Accordingly, we grant appellee’s motion and this appeal is dismissed as moot. In so doing, however, we express reservations in applying the mootn…
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Archer v. State, 681 So. 2d 296 (Fla. 1st DCA 1996)…consequence. Godwin, 593 So. 2d at 213-14. Ozbourn v. State, 651 So. 2d 795, 797-98 (Fla. 1st DCA 1995)(footnote omitted). See Caudle v. State, 478 So. 2d 361 (Fla. 1st DCA 1985). The supreme court’s decision in God-win overruled Taylor v. State, 536 So. 2d 1050 (Fla. 1st DCA 1988). For the reasons explicated in Godwin and Ozbourn, we turn to the substance of the appeal. Motion To Dismiss Denied Section 394.467(1), Florida Statutes (1993), vests circuit courts with authority to grant petitions for initial…