BARBARA SUZANNE ROSICKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the record lacked competent substantial evidence to support the involuntary commitment order.
The appellant challenged an order for involuntary commitment. The trial court found a history of suicidal gestures, but the appellate court found no r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Involuntary Commitment cases and more on FLexlaw
PER CURIAM.
The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). Because the record is devoid of competent substantial evidence, either that the appellant posed a real and present threat of substantial harm to her well-being or that her recent behavior evidenced a substantial likelihood that she would inflict serious bodily harm on herself or another in the near future, we reverse.
Under section 394.467, Florida Statutes, the state must present clear and convincing evidence of the statutory criteria before a person may be involuntarily placed for treatment. See Boller v. State, 775 So. 2d 408, 409 (Fla. 1st DCA 2000). A trial court’s determination in this regard will be upheld on appeal if the record contains competent substantial evidence to support the trial court’s findings. See, e.g., Tibbs v. State, 397 So. 2d 1120, 1123 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Williams v. Davis, 459 So. 2d 406, 408 (Fla. 1st DCA 1984).
Under section 394.467(1), the state must show, among other criteria, either that the patient by neglect or refusal to care for himself or herself poses a real and present threat of substantial harm to his or her well-being, or that there is a substantial likelihood that in the near future the patient will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm. See § 394.467(l)(a)2, Fla. Stat. (2004). The trial court found that the appellant had a history of multiple suicidal gestures. However, our review of the record does not reveal any evidence to support that determination. Neither does the record contain competent substantial evidence that the appellant posed a threat to herself through, neglect or as evidenced by recent behavior. We accordingly reverse the order for involuntary placement.
REVERSED.
WOLF, C.J., BARFIELD and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of A.G. v. State, 963 So. 2d 293 (Fla. 3d DCA 2007)…A.G. appeals the trial court’s order of involuntary commitment entered pursuant to section 394.467, Florida Statutes (2006). Because the record has competent substantial evidence to support the trial court’s finding, we affirm. See Rosicka v. State, 898 So. 2d 1098, 1099 (Fla. 1st DCA 2005). Affirmed.…
Authorities Cited
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982)
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Boller v. State, 775 So. 2d 408 (Fla. 1st DCA 2000)
- Williams v. Davis, 459 So. 2d 406 (Fla. 1st DCA 1984)