In Matter of Koyi

Court of Appeals of North Carolina

In Matter of Koyi

238 S.E.2d 153, 34 N.C. App. 320, 1977 N.C. App. LEXIS 1668

CourtCourt of Appeals of North Carolina

DecidedOctober 19, 1977

Docket7718DC368

StatusPublished

Cited by11 cases

This text of 238 S.E.2d 153 (In Matter of Koyi) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Matter of Koyi, 238 S.E.2d 153, 34 N.C. App. 320, 1977 N.C. App. LEXIS 1668 (N.C. Ct. App. 1977).

Pincite

Opinion

MORRIS, Judge.

Although the record discloses that the 90-day commitment period has expired, this appeal is not moot. See In Re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975).

G.S. 122-58.7Ü) provides:

“To support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others. The court shall record the facts which support its findings.”

The direction to the court to record the facts which support its findings is mandatory. See Matter of Crouch, 28 N.C. App. 354, 221 S.E. 2d 74 (1976). The trial judge in the case sub judice did not record sufficient facts to support his findings that the respondent was mentally ill and imminently dangerous to himself or others. See Matter of Neatherly, Jr., 28 N.C. App. 659, 222 S.E. 2d 486 (1976).

The order appealed from is

Reversed.

Judges Vaughn and Clark concur.

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