A.B., Petitioner, v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

A.B., Petitioner, v. STATE OF FLORIDA, Respondent.

Case No. 5D17-657

Decided: March 14, 2017

James S. Purdy, Public Defender, Wilber L. Cooke, II and Kathryn Rollison Radtke, Assistant Public Defenders, Daytona Beach, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Caroline Johnson Levine, Assistant Attorney General, Tampa, for Respondent.

We grant A.B.'s amended petition seeking emergency habeas corpus relief to obtain her immediate release from her present confinement at Halifax Health. The order of involuntary commitment issued by the lower court pursuant to section 394.467, Florida Statutes (2017), is improper because the evidence presented at the hearing did not establish, by clear and convincing evidence, that A.B. would suffer from neglect, or that she posed a danger to herself or others. See In re Lehrke, 12 So. 3d 307, 308 (Fla. 2d DCA 2009). Accordingly, A.B. should be immediately discharged if she is still involuntarily committed.

PETITION GRANTED.

PER CURIAM.

PALMER and WALLIS, JJ., and JACOBUS, B. W., Senior Judge, concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network