CHRISTINE SWIDA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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An appeal from a civil commitment order does not become moot solely because the person subject to the order has been released.
The appellant sought review of an order of involuntary commitment but was released prior to the appeal's disposition. The issue was whether this relea…
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PER CURIAM.
We have for review Swida v. State, 589 So. 2d 1037, 1037 (Fla. 1st DCA 1991), in which the First District Court of Appeal certified the following question of great public importance:
WHEN AN INDIVIDUAL SEEKING REVIEW OF AN ORDER OF INVOLUNTARY COMMITMENT HAS BEEN RELEASED FROM THAT COMMITMENT PRIOR TO DISPOSITION OF THE APPEAL ON THE MERITS, WHAT SHOWING MUST SHE MAKE TO AVOID DISMISSAL OF THE APPEAL ON GROUNDS OF MOOTNESS?
In Godwin v. State, 593 So. 2d 211 (Fla.1992), we addressed this same issue, however, we restated the question to read as follows:
Does an appeal from a civil commitment order under The Baker Act, section 394.-467, Florida Statutes (1989), become moot solely because the person subject to that order has already been released?
In Godwin, we answered the restated question in the negative and quashed the district court’s opinion. In light of our decision in Godwin, we quash the decision below and remand the instant case for proceedings consistent with Godwin.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bess v. State, 336 So. 3d 36 (Fla. 4th DCA 2022)…Not final until disposition of timely filed motion for rehearing. 1 While the commitment has long since ended, because of potential collateral consequences, this appeal is not moot. Godwin v. State, 593 So. 2d 211, 214 (Fla. 1992); Swida v. State, 596 So. 2d 670, 671 (Fla. 1992); Archer v. State, 681 So. 2d 296, 297–98 (Fla. 1st DCA 1996).…
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L.B. v. State, 819 So. 2d 922 (Fla. 3d DCA 2002)…he order has been released. The court reasoned that collateral consequences of the commitment, specifically the possible imposition of liens and claims for unpaid fees, preserved a viable appeal. Godwin, 593 So. 2d 211, 214. See also Swida v. State, 596 So. 2d 670 (Fla.1992). The record on appeal is devoid of any evidence to support the civil commitment. The evaluating physician, who did not speak Portuguese, formulated a diagnosis of appellant, who only spoke Portuguese, that included an apparently nonexis…
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Godwin v. State, 593 So. 2d 211 (Fla. 1992)
- Swida v. State, 589 So. 2d 1037 (Fla. 1st DCA 1991)