Wade v. Northeast Florida State Hospital

District Court of Appeal of Florida

Wade v. Northeast Florida State Hospital

655 So. 2d 125, 1995 Fla. App. LEXIS 4168, 1995 WL 232547

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1995

DocketNo. 94-2803

StatusPublished

Cited by5 cases

This text of 655 So. 2d 125 (Wade v. Northeast Florida State Hospital) 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.

Bluebook

Wade v. Northeast Florida State Hospital, 655 So. 2d 125, 1995 Fla. App. LEXIS 4168, 1995 WL 232547 (Fla. Ct. App. 1995).

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Opinion

ALLEN, Judge.

The appellant challenges a Baker Act order of continued involuntary placement for treatment pursuant to section 394.467, Florida Statutes. The order refers to the appellant’s potential for aggression, and the possibility of substantial harm to his well-being. However, these conclusory recitations are not fully substantiated by the facts in evidence. The testifying doctor indicated that the appellant had been hostile, threatening, and verbally demanding, but the doctor did not offer any significant details in this regard. The doctor also asserted that the appellant had made inappropriate propositions, but the doctor could not clearly recall these incidents. There was no testimony as to prior incidents involving substantial harm, nor any testimony as to the manner in which future conduct might produce the necessary level of harm under section 394.467(l)(a)2, Florida Statutes. The testimony is thus insufficient to satisfy the statutory criteria by the requisite standard of clear and convincing evidence. Braden v. State, 575 So.2d 756 (Fla. 1st DCA 1991); Olive v. State, 509 So.2d 1375 (Fla. 1st DCA 1987); see also [126]*126Jones v. State, 611 So.2d 577 (Fla. 1st DCA 1992). The appealed order is therefore reversed.

DAVIS, J. and SMITH, Senior Judge, concur.

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ALLEN, Judge.

The appellant challenges a Baker Act order of continued involuntary placement for treatment pursuant to section 394.467, Florida Statutes. The order refers to the appellant’s potential for aggression, and the possibility of substantial harm to his well-being. However, these conclusory recitations are not fully substantiated by the facts in evidence. The testifying doctor indicated that the appellant had been hostile, threatening, and verbally demanding, but the doctor did not offer any significant details in this regard. The doctor also asserted that the appellant had made inappropriate propositions, but the doctor could not clearly recall these incidents. There was no testimony as to prior incidents involving substantial harm, nor any testimony as to the manner in which future conduct might produce the necessary level of harm under section 394.467(l)(a)2, Florida Statutes. The testimony is thus insufficient to satisfy the statutory criteria by the requisite standard of clear and convincing evidence. Braden v. State, 575 So.2d 756 (Fla. 1st DCA 1991); Olive v. State, 509 So.2d 1375 (Fla. 1st DCA 1987); see also [126]*126Jones v. State, 611 So.2d 577 (Fla. 1st DCA 1992). The appealed order is therefore reversed.

DAVIS, J. and SMITH, Senior Judge, concur.

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Bluebook (online)

655 So. 2d 125, 1995 Fla. App. LEXIS 4168, 1995 WL 232547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-northeast-florida-state-hospital-fladistctapp-1995.

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