MOSES HIGDON
v.
SECRETARY, DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 2d DCA | 2021-03-12
No. 19-1261
45 Fla. L. Weekly D1944 Florida District Court of Appeal, Second District (2021) Positive Treatment
Cited by 2 cases


Opinion of the Court
Atkinson

PER CURIAM. Moses Higdon appeals from the 2019 Order on Probable Cause entered in his underlying civil commitment case. Higdon has already been released from

- 2 - confinement as a result of a directed verdict entered in his favor at a nonjury trial which followed this court's opinion in Higdon v. Secretary, Department of Children & Families, 45 Fla.

L. Weekly D1944 (Fla. 2d DCA Aug. 14, 2020). In our earlier opinion, we reversed a 2018 Order on Probable Cause.

Therefore, because Higdon is no longer confined, we conclude that this appeal is moot.1 Concur. 1We find no merit to any of Higdon's arguments as to why this appeal is not moot. To the extent that there is any possibility of costs for Higdon's subsistence or treatment being assessed against him, see § 394.928(1)(b), Fla. Stat. (2020), he would have the ability to challenge any such proposed costs that were incurred after his 2018 annual review hearing due to the directed verdict entered in his favor arising out of the 2018 proceedings, see § 394.928(2)(a) (explaining that prior to entry of an order imposing such costs, a person must be given advance notice of such costs and an opportunity to explain why such costs should not be assessed).

Footnotes
1 Dismissed as moot. MORRIS, BLACK, and ATKINSON, JJ.

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