ALEXANDRA P. LIVINGSTON
v.
STATE OF FLORIDA
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Evidence must adequately support all statutory criteria for involuntary commitment, including the element that a person is incapable of surviving alone due to mental illness.
[1] To justify involuntary mental health commitment under Florida Statute section 394.467(1)(a)2.a., the evidence must adequately establish that the person is incapable of su…
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Join FLexlaw to unlock all legal intelligenceAlexandra P. Livingston was committed to involuntary mental health placement based on a finding that she was incapable of surviving alone due to her m…
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April 30, 2018 PER CURIAM.
Alexandra P. Livingston appeals a commitment order finding that involuntary placement was necessary because, in part, she was incapable of surviving alone due to her mental state. See 394.467(1)(a)2.a., Fla. Stat. (2018). She claims that the evidence was inadequate to establish this element. We agree and therefore reverse and order the trial court “to elicit further testimony to establish the statutory criteria, or otherwise order Appellant discharged.” Blue v. State, 764 So. 2d 697, 699 (Fla. 1st DCA 2000).
REVERSED and REMANDED.
B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.