ANDRE BACON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-07-09
No. 95-3723
BENTON and VAN NORTWICK, JJ., concur.
676 So. 2d 69 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 2 cases
Opinion of the Court
WOLF, Judge.

WOLF, Judge.

This is an appeal of an order for involuntary placement. The state failed to prove by clear and convincing evidence that appellant will suffer from neglect without treatment, that there is a present threat of substantial harm to appellant’s well being, or that he would harm others. Wade v. Northeast Florida State Hosp., 655 So. 2d 125 (Fla. 1st DCA 1995) (statutory criteria of clear and convincing evidence was not met with regard to order of continued involuntary placement for mental-health treatment where order referred only to conclusory recitations of psychiatrist and was not supported by the record). The appealed order is, therefore, reversed.

BENTON and VAN NORTWICK, JJ., concur.

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  • Boller v. State, 775 So. 2d 408 (Fla. 1st DCA 2000)
    …“concern” that Appellant was “likely” to “lash out at others.” Without greater specificity, this general, conclusory evidence is insufficient to meet the clear and convincing evidence standard required for involuntary commitment. See Bacon v. State, 676 So. 2d 69 (Fla. 1st DCA 1996); Wade, 655 So. 2d at 125. The trial court is hereby directed to elicit further testimony to establish the required statutory criteria or otherwise order Appellant discharged. REVERSED and REMANDED. KAHN J„ concurs; JOANOS, J.,…

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