Swida v. State

Supreme Court of Florida

Swida v. State

596 So. 2d 670, 17 Fla. L. Weekly Supp. 223, 1992 Fla. LEXIS 680, 1992 WL 63127

CourtSupreme Court of Florida

DecidedApril 2, 1992

DocketNo. 79070

StatusPublished

Cited by2 cases

This text of 596 So. 2d 670 (Swida v. State) is published on Counsel Stack Legal Research, covering Supreme Court 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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Swida v. State, 596 So. 2d 670, 17 Fla. L. Weekly Supp. 223, 1992 Fla. LEXIS 680, 1992 WL 63127 (Fla. 1992).

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Opinion

PER CURIAM.

We have for review Swida v. State, 589 So.2d 1037, 1037 (Fla. 1st DCA 1991), in which the First District Court of Appeal certified the following question of great public importance:

WHEN AN INDIVIDUAL SEEKING REVIEW OF AN ORDER OF INVOLUNTARY COMMITMENT HAS BEEN RELEASED FROM THAT COMMITMENT PRIOR TO DISPOSITION OF THE APPEAL ON THE MERITS, WHAT SHOWING MUST SHE MAKE [671]*671TO AVOID DISMISSAL OF THE APPEAL ON GROUNDS OF MOOTNESS?

In Godwin v. State, 593 So.2d 211 (Fla.1992), we addressed this same issue, however, we restated the question to read as follows:

Does an appeal from a civil commitment order under The Baker Act, section 394.-467, Florida Statutes (1989), become moot solely because the person subject to that order has already been released?

In Godwin, we answered the restated question in the negative and quashed the district court’s opinion. In light of our decision in Godwin, we quash the decision below and remand the instant case for proceedings consistent with Godwin.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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