NATSUKO ZUMALT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals the denial of her petition for writ of habeas corpus, claiming a petition for involuntary placement filed by West Florida Community Care Center was untimely filed. Appellant also appeals the order for involuntary placement, claiming her detention is illegal and the State failed to establish by clear and convincing evidence that she met the criteria for involuntary placement pursuant to section 394.467(1), Florida Statutes (2000).
We affirm the denial of the petition for writ of habeas corpus. However, we reverse the order for involuntary placement, and remand for further proceedings. At best, the State presented only conclusory evidence that Appellant met the requirements of section 394.467(l)(a)2 and (b), which was insufficient to meet the clear and convincing standard required for involuntary placement. The trial court is hereby ordered to elicit further testimony to establish the statutory criteria, or otherwise order Appellant discharged. See Boiler v. State, 775 So. 2d 408 (Fla. 1st DCA 2000); Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987).
REVERSED and REMANDED.
BOOTH, KAHN and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Luvenia Henson v. State, 801 So. 2d 316 (Fla. 1st DCA 2001)…mitment order is reversed and the case is remanded for the trial court to elicit further testimony to establish the required statutory criteria or otherwise order the appellant discharged if she is still involuntarily committed. See Zumalt v. State, 791 So. 2d 592 (Fla. 1st DCA 2001)(revers-ing and remanding for the trial court to elicit further testimony to satisfy the statutory criteria, or otherwise order the appellant discharged). Reversed and Remanded. BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.…
Authorities Cited
- Boller v. State, 775 So. 2d 408 (Fla. 1st DCA 2000)
- Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987)