A.B. v. State
This text of A.B. v. State (A.B. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
A.B.,
Petitioner,
v. Case No. 5D17-657 L.T. No. 2017-10349-MHDL STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed March 14, 2017
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
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.
PER CURIAM.
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.
PALMER and WALLIS, JJ., and JACOBUS, B. W., Senior Judge, concur.
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