In the Interest of L.A. v. State

District Court of Appeal of Florida

In the Interest of L.A. v. State

530 So. 2d 489, 13 Fla. L. Weekly 2034, 1988 Fla. App. LEXIS 3927, 1988 WL 91218

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1988

DocketNo. 88-1047

StatusPublished

Cited by1 cases

This text of 530 So. 2d 489 (In the Interest of L.A. 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.

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In the Interest of L.A. v. State, 530 So. 2d 489, 13 Fla. L. Weekly 2034, 1988 Fla. App. LEXIS 3927, 1988 WL 91218 (Fla. Ct. App. 1988).

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BARFIELD, Judge.

We reverse the involuntary placement of appellant in the Northeast Florida State Hospital, because the criteria of section 394.467(l)(a)2.a. and 394.467(l)(b), Florida Statutes (1987), were not met. The mere need for treatment alone is insufficient to commit an individual, Neff v. State, 356 So.2d 901 (Fla. 1st DCA 1978). Even though the other criteria might be met, a non-dangerous individual, capable of surviving safely in freedom by herself with the help of others, should not be involuntarily committed. In Re Beverly, 342 So.2d 481 (Fla.1977). See also Williams v. State, 522 So.2d 983 (Fla. 1st DCA 1988), and Reigosa v. State, 362 So.2d 714 (Fla. 3d DCA 1978).

REVERSED.

ZEHMER, J., concurs. BOOTH, J., dissents with written opinion.

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BARFIELD, Judge.

We reverse the involuntary placement of appellant in the Northeast Florida State Hospital, because the criteria of section 394.467(l)(a)2.a. and 394.467(l)(b), Florida Statutes (1987), were not met. The mere need for treatment alone is insufficient to commit an individual, Neff v. State, 356 So.2d 901 (Fla. 1st DCA 1978). Even though the other criteria might be met, a non-dangerous individual, capable of surviving safely in freedom by herself with the help of others, should not be involuntarily committed. In Re Beverly, 342 So.2d 481 (Fla.1977). See also Williams v. State, 522 So.2d 983 (Fla. 1st DCA 1988), and Reigosa v. State, 362 So.2d 714 (Fla. 3d DCA 1978).

REVERSED.

ZEHMER, J., concurs. BOOTH, J., dissents with written opinion.

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530 So. 2d 489, 13 Fla. L. Weekly 2034, 1988 Fla. App. LEXIS 3927, 1988 WL 91218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-la-v-state-fladistctapp-1988.

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