Olive v. State

District Court of Appeal of Florida

Olive v. State

509 So. 2d 1375, 12 Fla. L. Weekly 1771, 1987 Fla. App. LEXIS 9526

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1987

DocketNo. BN-290

StatusPublished

Cited by2 cases

This text of 509 So. 2d 1375 (Olive 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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Olive v. State, 509 So. 2d 1375, 12 Fla. L. Weekly 1771, 1987 Fla. App. LEXIS 9526 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This cause is before us on appeal from an order of involuntary commitment under the Baker Act, Section 394.451, et seq., Florida Statutes. We reverse and remand for further proceedings.

The issue on appeal is whether a person suffering from a mental illness may be involuntarily committed pursuant to Section 394.467, Florida Statutes, because her behavior or personality traits may cause others to physically harm her.

Before commitment can be based on the threat of harm from other persons, there must be an evidentiary basis in the record sufficient to establish the circumstances upon which the finding of substantial likelihood of harm is based. Smith v. State, 508 So.2d 1292 (Fla. 1st DCA 1987). Accordingly, we reverse and remand for further proceedings consistent with this opinion.

SMITH, C.J., and ERVIN and BOOTH, JJ., concur.

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