EUGENE TARQUINIO, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
EUGENE TARQUINIO, APPELLANT,
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
930 So. 2d 863
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SHAHOOD, J.
Appellant, Eugene Tarquinio, appeals the Final Order authorizing continued involuntary placement in a mental hospital. We hold that affirmance is warranted in this case because the state met its burden of proving by clear and convincing evidence that appellant meets the criteria for continued involuntary placement pursuant to section 394.467(1), Florida Statutes. Specifically, the state has shown that appellant is incapable of surviving alone and is likely to neglect himself, and this poses a threat of substantial harm to his well-being.
Affirmed.
STEVENSON, C.J., and MAY, J., concur.
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Meintzer v. State, 943 So. 2d 966 (Fla. 5th DCA 2006)…with the rights of a party to the appeal which are under consideration by the appellate court. See Daniels v. State, 712 So. 2d 765 (Fla.1998) (trial court lacks jurisdiction to rule on 3.850 motion during pendency of direct appeal); Cross v. State, 930 So. 2d 863 (Fla. 2d DCA 2006); Carter v. State, 929 So. 2d 1161 (Fla. 5th DCA 2006) (where defendant received belated appeal of sentence, trial court lacked jurisdiction to rule on 3.850motion attacking the same sentence); Johnson v. State, 657 So. 2d 11 (Fla.…
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Ross v. State, 947 So. 2d 699 (Fla. 4th DCA 2007)…g on appeal in the district court. See Mitchell v. State, 846 So. 2d 559, 560 (Fla. 4th DCA 2003) (“a trial court lacks jurisdiction to rule on a postconviction motion while the same defendant’s direct appeal is pending”); , see also Cross v. State, 930 So. 2d 863 (Fla. 2d DCA 2006) (“[W]e have recognized that trial courts lack jurisdiction to consider the merits of a defendant’s rule 3.850 motion while the direct appeal of the defendant’s judgment and sentence is pending.”). In the instant case, Ross proper…1 / 2