From Casetext: Smarter Legal Research

Zumalt v. State

District Court of Appeal of Florida, First District
Aug 21, 2001
791 So. 2d 592 (Fla. Dist. Ct. App. 2001)

Summary

reversing and remanding for the trial court to elicit further testimony to satisfy the statutory criteria, or otherwise order the appellant discharged

Summary of this case from Henson v. State

Opinion

Case No. 1D01-29

Opinion filed August 21, 2001.

An appeal from the circuit court for Santa Rosa County. Paul A. Rasmussen, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, Attorneys for Appellee.


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(1)(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 Boller 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.


Summaries of

Zumalt v. State

District Court of Appeal of Florida, First District
Aug 21, 2001
791 So. 2d 592 (Fla. Dist. Ct. App. 2001)

reversing and remanding for the trial court to elicit further testimony to satisfy the statutory criteria, or otherwise order the appellant discharged

Summary of this case from Henson v. State
Case details for

Zumalt v. State

Case Details

Full title:NATSUKO ZUMALT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 21, 2001

Citations

791 So. 2d 592 (Fla. Dist. Ct. App. 2001)

Citing Cases

Henson v. State

Accordingly, the involuntary commitment order is reversed and the case is remanded for the trial court to…