In Matter of Koyi

238 S.E.2d 153, 34 N.C. App. 320, 1977 N.C. App. LEXIS 1668
Court of Appeals of North Carolina·Decided October 19, 1977·No. 7718DC368·Published·Cited by 11 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

238 S.E.2d 153 (In Matter of Koyi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re: B.S.
Court of Appeals of North Carolina, 2022
In re: D.M.B.
Court of Appeals of North Carolina, 2015
In re Osteyee-Hoffman
775 S.E.2d 36 (Court of Appeals of North Carolina, 2015)
In Re Allison
715 S.E.2d 912 (Court of Appeals of North Carolina, 2011)
In Re Webber
689 S.E.2d 468 (Court of Appeals of North Carolina, 2009)
In Re Booker
667 S.E.2d 302 (Court of Appeals of North Carolina, 2008)
In re Crouse
309 S.E.2d 568 (Court of Appeals of North Carolina, 1983)
In re Bartley
252 S.E.2d 553 (Court of Appeals of North Carolina, 1979)
In re Caver
252 S.E.2d 284 (Court of Appeals of North Carolina, 1979)
Matter of Jacobs
248 S.E.2d 448 (Court of Appeals of North Carolina, 1978)