In re Hatley, 231 S.E.2d 633 (N.C. 1977). · Go Syfert
In re Hatley, 231 S.E.2d 633 (N.C. 1977). Cases Citing This Book View Copy Cite
Quick Summary

A challenge to an involuntary commitment is not moot if the order carries potential adverse collateral legal consequences.

The court addresses whether an appeal from an involuntary commitment order is moot after the patient’s discharge. It holds that the appeal is not moot because the commitment order creates collateral legal consequences, such as the potential for future commitments and other legal disabilities. The court then reviews the merits, applying the statutory requirement that a commitment order be supported by clear, cogent, and convincing evidence that the respondent is mentally ill and imminently dangerous. Finding that the trial court’s findings of imminent danger were not supported by such evidence, the court concludes the commitment order was improper.

187 citation events (161 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1977 → 2026 · click a year to view as-of
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Cited for
231 S.E.2d at 634 Determining mootness based on collateral legal consequences33 citing casesadopting the exception to mootness where “collateral legal consequences of an adverse nature can reasonably -23- be expected to result therefrom” (citing Sibron v. New York, 392 U.S. 40, 57 (1968)4 citing courts put it this way · 31 listed here
  • Commitment of J F, No. 25S-MH-00111 (Ind. May 5, 2025).published 4 cites
    In re Hatley, 231 S.E.2d 633, 634 (N.C. 1977).
  • Gray Media Grp., No. 23-154 (N.C. Ct. App. Sept. 12, 2023).published
    (recognizing exception where there exists “collateral legal consequences of an adverse nature)
  • Chambers v. Moses H. Cone Mem'l Hosp., 843 S.E.2d 172 (N.C. 2020).published 4 cites
    (adopting the exception to mootness where “collateral legal consequences of an adverse nature can reasonably -23- be expected to result therefrom” (citing Sibron v. New York, 392 U.S. 40, 57 (1968))
  • In re Hospitalization of Naomi B., 435 P.3d 918 (Alaska 2019).published
    Our 2012 opinion in In re Joan K. departed from the strict holding of Wetherhorn and adopted a “collateral consequences exception” to the mootness doctrine in involuntary commitment appeals.17 The appellant in that case noted that several…
  • State v. Posey, 804 S.E.2d 580 (N.C. Ct. App. 2017).published
    App. 373, 375-76 , 677 S.E.2d 199, 201 (2009) (quoting In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977)).
  • In re Moore, 758 S.E.2d 33 (N.C. Ct. App. 2014).published
    In re Hatley, 291 N.C. 693, 695 , 231 S.E.2d 633, 634 (1977).
  • In re J.L., No. 13-539 (N.C. Ct. App. May 6, 2014).unpublished
    However, “if collateral -6- legal consequences of an adverse nature can reasonably be expected to result therefrom, then the issue is not moot and the appeal has continued legal significance.” In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 6…
  • Yeager v. Yeager, 753 S.E.2d 497 (N.C. Ct. App. 2014).published 2 cites
    “When events occur during the pendency of an appeal which cause the underlying controversy to cease to exist, this Court properly refuses to entertain the cause merely to adjudicate abstract propositions of law.” In re Hatley, 291 N.C. 693…
  • In re J.L.H., 750 S.E.2d 197 (N.C. Ct. App. 2013).published
    App. 373, 375-76 , 677 S.E.2d 199, 201 (2009) (citing In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977)).
  • State v. McKenzie, 736 S.E.2d 591 (N.C. Ct. App. 2013).published
    Before determining whether an appeal is moot when the defendant has completed his sentence, it is necessary to determine whether collateral legal consequences of an adverse nature may result. ‘[Wjhen the terms of the judgment below have be…
Show 21 more citing cases
  • In re the Necessity for the Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012).published 2 cites
    (stating evidence of prior commitment order could be used to attack capacity of witness, to impeach witness, to attack character of defendant, and in subsequent commitment proceedings)
  • Ross v. Ross, 715 S.E.2d 859 (N.C. Ct. App. 2011).published
    App. 434, 436 , 549 S.E.2d 912, 914 (2001) (noting that “[generally, an appeal should be dismissed as moot ‘[w]hen events occur during the pendency of [the] appeal which cause the underlying controversy to cease to exist.’ In re Hatley, 29…
  • State v. Stover, 685 S.E.2d 127 (N.C. Ct. App. 2009).published 2 cites
    However, "when the terms of the judgment below have been fully carried out, if collateral legal consequences of an adverse nature can reasonably be expected to result therefrom, then the issue is not moot[.]" State v. Black, ___ N.C.App. _…
  • Calabria v. North Carolina State Bd. of Elections, 680 S.E.2d 738 (N.C. Ct. App. 2009).published
    App. 434, 436 , 549 S.E.2d 912, 914 (2001) (second and third alterations in original) (quoting In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977)).
  • State v. Black, 677 S.E.2d 199 (N.C. Ct. App. 2009).published
    Before determining whether an appeal is moot when the defendant has completed his sentence, it is necessary to determine whether collateral legal consequences of an adverse nature may result. “[W]hen the terms of the judgment below have be…
  • Kitchin ex rel. Kitchin v. Halifax Cnty., 665 S.E.2d 760 (N.C. Ct. App. 2008).published
    App. 434, 436 , 549 S.E.2d 912, 914 (2001) (quoting In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977)).
  • Womack Newspapers, Inc. v. Town of Kitty Hawk ex rel. Kitty Hawk Town Council, 639 S.E.2d 96 (N.C. Ct. App. 2007).published
    (adverse collateral consequences exception)
  • In re Kaela C., 906 A.2d 915 (Md. 2006).published
    (determining that issue of whether petitioner was wrongly involuntarily committed to a mental institution was not moot even though the commitment order had since expired because of the commitment’s potential adverse coll…)
  • In re Kaela C., 906 A.2d 915 (Md. 2006).published
    (determining that issue of whether petitioner was wrongly involuntarily committed to a mental institution was not moot even though the commitment order had since expired because of the commitment's potential adverse coll…)
  • In re of A.K., 628 S.E.2d 753 (N.C. 2006).published 5 cites
    On remand, the Court of Appeals vacated the adjudication order for other reasons, but not before it acknowledged that an adjudication of neglect creates “ ‘collateral consequences’ . . . which could ‘frequently be revived . . .’ and could…
  • In re Ak, 628 S.E.2d 753 (N.C. 2006).published 5 cites
    On remand, the Court of Appeals vacated the adjudication order for other reasons, but not before it acknowledged that an adjudication of neglect creates "`collateral consequences'... which could `frequently be revived ...' and could damage…
  • In re Barbosa, 580 S.E.2d 359 (N.C. 2003).published
    ORDER Respondent’s notice of appeal and petition for discretionary review have been treated as a writ of certiorari and as such respondent’s petition for writ of certiorari is allowed for the limited purpose of remanding this case to the N…
  • Smith ex rel. Smith v. Smith, 549 S.E.2d 912 (N.C. Ct. App. 2001).published 2 cites
    The order was "effective for six months [and] subject to renewal on or before August 21, 2000." The issues are whether: (I) issues raised in an appeal from an expired domestic violence protective order are moot and, if not, *914 (II) the t…
  • In re the Investigation Into the Injury of Brooks, 548 S.E.2d 748 (N.C. Ct. App. 2001).published
    (recognizing exception where there exists “collateral legal consequences of an adverse nature)
  • In re McCaskill, 603 N.W.2d 326 (Minn. 1999).published
    (holding appeal of commitment justiciable based on collateral consequences)
  • Thomas v. North Carolina Dep't of Human Resources, 478 S.E.2d 816 (N.C. Ct. App. 1996).published 2 cites
    App. 394, 397 , 213 S.E.2d 386, 388 (1975)) (holding that the court has a “duty” to address an otherwise moot case when the “question involved is a matter of public interest.”); In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977)…
  • Matter of Collins, 271 S.E.2d 72 (N.C. Ct. App. 1980).published
    In re Hatley, 291 N.C. 693, 694-95 , 231 S.E. 2d 633, 634-35 (1977); In re Mackie, 36 N.C.
  • State v. Leyshon, 710 S.E.2d 282 (N.C. Ct. App. 2011).published 2 cites
    See In re Hatley, 291 N.C. 693, 695 , 231 S.E.2d 633, 634-35 (1977) (discussing the collateral consequences of an involuntary commitment order, including the adjudication of being mentally ill and the use of a prior commitment order as the…
  • Javurek v. Tax Review Bd. Dep't of State Treasurer, 605 S.E.2d 1 (N.C. Ct. App. 2004).published 2 cites
    See In re Hatley, 291 N.C. 693, 694 , 231 S.E.2d 633, 634 (1977) (appeal is moot “[w]hen events occur during the pendency of [the] appeal which cause the underlying controversy to cease to exist[.]”).
  • In the Matter of B.B., Alleged to Be Seriously Mentally Impaired, B.B., 826 N.W.2d 425 (Iowa 2013).published 5 cites
    See, e.g., In re Ballay, 482 F.2d 648 , 651-52 (D.C. Cir. 1973); In re Joan K., 273 P.3d 594 , 597-98 (Alaska 2012); In re Morris, 482 A.2d 369 , 371-72 (D.C. 1984); Bradshaw v. State, 816 P.2d 986, 989 (Idaho 1991); In re McCaskill, 603 N…
  • In re Watson, 706 S.E.2d 296 (N.C. Ct. App. 2011).published 2 cites
    See, e.g., In re Hatley, 291 N.C. 693, 694-95 , 231 S.E.2d 633, 634-35 (1977) (involuntary commitment order); Smith ex rel.
291 N.C. at 695 Determining mootness based on collateral consequences of commitment13 citing cases“the possibility that respondent's commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.”7 citing courts quote it
  • In re E.W.P., 917 S.E.2d 351 (N.C. Ct. App. 2025).unpublished 2 cites
    “The possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.”
  • In re Webber, 689 S.E.2d 468 (N.C. Ct. App. 2009).published 2 cites
    “The possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.”
  • In re E.D., 827 S.E.2d 450 (N.C. 2019).published 2 cites
    (The possibility that respondent's commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral consequences, convinces us that this appeal is not moot.)
  • In re C.A., 927 S.E.2d 442 (N.C. Ct. App. 2026).unpublished
    (holding that a case of a past involuntary commitment is not -2- moot because the commitment “might likewise form the basis for a future commitment, along with other obvious collateral legal consequences)
  • In re C.A., 927 S.E.2d 442 (N.C. Ct. App. 2026).unpublished
    (holding that a case of a past involuntary commitment is not -2- moot because the commitment “might likewise form the basis for a future commitment, along with other obvious collateral legal consequences)
  • In re J.R., 881 S.E.2d 522 (N.C. 2022).published 2 cites
    Indeed, a person’s involuntary commitment is “always an ominous presence” that may be used to attack their competence, credibility, and character whenever there is “any interaction between the individual and the legal system.” In re Hatley…
  • In re Moore, 758 S.E.2d 33 (N.C. Ct. App. 2014).published
    In re Hatley, 291 N.C. 693, 695 , 231 S.E.2d 633, 634 (1977).
  • In re C.G., 881 S.E.2d 534 (N.C. 2022).published 2 cites
    See In re E.D., 372 N.C. 111 , 114 n.8 (2019) (concluding that “[t]he possibility that [the] respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral consequences, conv…
  • In re Alex Shackelford, 789 S.E.2d 15 (N.C. Ct. App. 2016).published
  • In re Derrick Woodard, 791 S.E.2d 109 (N.C. Ct. App. 2016).published
Show 3 more citing cases
231 S.E.2d at 635 Determining mootness based on future legal consequences4 citing casesThe possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.2 citing courts put it this way
  • In re E.W.P., 917 S.E.2d 351 (N.C. Ct. App. 2025).unpublished 2 cites
    (The possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.)
  • In re Webber, 689 S.E.2d 468 (N.C. Ct. App. 2009).published 2 cites
    (The possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot.)
  • In re C.A., 921 S.E.2d 648 (N.C. Ct. App. 2025).unpublished
    “It is uncontroverted that an involuntary commitment proceeding implicates the 1 The commitment term from which Respondent appeals has expired, but her appeal is still ripe for our review because “[t]he possibility that [R]espondent’s comm…
  • In re Spencer, 762 S.E.2d 637 (N.C. Ct. App. 2014).published
    Although the sixty (60) day commitment period provided in the 25 July 2013 order has expired, our Supreme Court has held that “[t]he possibility that respondent’s commitment in this case might likewise form a basis for a future commitment,…
291 N.C. at 693 “even when the terms of the judgment below have been fully carried out, if collateral legal consequences of an adverse nature can reasonably be expected to result therefrom, then the issue is not moot and the appeal has continued legal significance.”3 citing cases3 citing courts quote it
  • In re of A.K., 628 S.E.2d 753 (N.C. 2006).published 5 cites
    On remand, the Court of Appeals vacated the adjudication order for other reasons, but not before it acknowledged that an adjudication of neglect creates “ ‘collateral consequences’ . . . which could ‘frequently be revived . . .’ and could…
  • In re Ak, 628 S.E.2d 753 (N.C. 2006).published 5 cites
    On remand, the Court of Appeals vacated the adjudication order for other reasons, but not before it acknowledged that an adjudication of neglect creates "`collateral consequences'... which could `frequently be revived ...' and could damage…
  • Smith ex rel. Smith v. Smith, 549 S.E.2d 912 (N.C. Ct. App. 2001).published 2 cites
    The order was "effective for six months [and] subject to renewal on or before August 21, 2000." The issues are whether: (I) issues raised in an appeal from an expired domestic violence protective order are moot and, if not, *914 (II) the t…
291 N.C. at 694 Determining mootness when controversy ceases to exist1 citing case
  • McKenzie v. McKenzie, 929 S.E.2d 675 (N.C. Ct. App. 2026).unpublished
    This expiration would ordinarily compel the dismissal of this appeal as moot because “the underlying controversy [has] cease[d] to exist.” In re Hatley, 291 N.C. 693, 694 (1977).
Other citing cases1 with no pin cite or quoted language on record
  • In re Booker, 667 S.E.2d 302 (N.C. Ct. App. 2008).published 2 cites
Retrieving the full opinion text from the archive…
In Re: Mary Alberta Hatley
142.
Supreme Court of North Carolina.
Jan 31, 1977.
Published opinion
231 S.E.2d 633
1977 N.C. LEXIS 1235
Attorney General Edmisten, by Isaac T. Avery III, for the State. , Jerry P. Davenport for respondent appellant.
Branch.
Cited by 68 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 92%
Citer courts: Supreme Court of North Carolina (2) · Court of Appeals of North Caro… (2)
BRANCH, Justice.

We initially consider the State’s contention that this appeal is moot in light of the fact that the 90-day commitment order under which respondent was institutionalized has expired.

When events occur during the pendency of an appeal which cause the underlying controversy to cease to exist, this Court properly refuses to entertain the cause merely to adjudicate abstract propositions of law. Parent-Teacher Assoc. v. Bd. of Education, 275 N.C. 675, 170 S.E. 2d 473. However, even when the terms of the judgment below have been fully carried out, if collateral legal consequences of an adverse nature can reasonably be expected to result therefrom, then the issue is not moot and the appeal has continued legal significance. Sibron v. New York, 392 U.S. 40, 20 L.Ed. 2d 917, 88 S.Ct. 1889.

[*695] The question of whether an appeal from an involuntary commitment order is rendered moot by the discharge of the patient was considered in the case of In re Ballay, 482 F. 2d 648. There the Court of Appeals for the District of Columbia stated:

There is yet another independent reason why the present appeal is not moot — the collateral consequences of being adjudged mentally ill remain to plague appellant. We recently had occasion to consider whether the standard applied in criminal cases, that a “case is moot only if it is shown that there is no possibility that any collateral legal consequence will be imposed on the basis of the challenged conviction,” Sibron v. New York, 392 U.S. 40, 57, 88 S.Ct. 1889, 1900, 20 L.Ed. 2d 917 (1968) (emphasis added), is applicable to contested civil commitment adjudications. We answered in the affirmative relying upon the multitude of legal disabilities radiating from the label “mentally incompetent.” . . .
* * *
. . . Indeed, such an adjudication, while not always crippling, is certainly always an ominous presence in any interaction between the individual and the legal system. Such evidence will frequently be revived to attack the capacity of a trial witness. Depending upon the diagnosis, it may be admissible for impeachment purposes. Indeed, even in a criminal, trial it may be available to attack the character of a defendant if he has put character in issue. Most significantly, records of commitments to a mental institution will certainly be used in any subsequent proceedings for civil commitment, a factor which may well have been influential in the present case.

Accord: In re Sciara, 21 Ill. App. 3d 889, 316 N.E. 2d 153.

As previously noted, Judge Paschal based his commitment order, in part at least, upon a finding that respondent had a history of prior commitments. The possibility that respondent’s commitment in this case might likewise form the basis for a future commitment, along with other obvious collateral legal consequences, convinces us that this appeal is not moot. We, therefore, proceed to consider this case on its merits.

The General Assembly declared its policy as to involuntary commitment of the mentally deranged in the following lan[*696] guage: “It is the policy of the State that no person shall be committed to a mental health facility unless he is mentally ill or an inebriate and imminenty dangerous to himself or others; .... ” G.S. 122-58.1.

G.S. 122-58.7(i), in part, 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.” Our legislative statement of public policy and the statutory requirements found in Article 5A of Ch. 122 of the North Carolina General Statutes are consistent with the recent case of O’Connor v. Donaldson, 422 U.S. 563, 45 L.Ed. 2d 396, 95 S.Ct. 2486, which, inter alia, holds that there is no constitutional basis for the involuntary confinement of an individual who is mentally ill if he is dangerous to no one and can live safely in freedom. See also People v. Sansone, 18 Ill. App. 3d 315, 309 N.E. 2d 733.

The only witness to appear at the commitment hearing in District Court was Mrs. Etta Couch, the mother and neighbor of respondent. Mrs. Couch testified that respondent had been confined to mental institutions in 1972, 1973 and 1974 because of “nervous breakdowns.” She testified that Mrs. Hatley went into the house of a neighbor, Mrs. McPherson, while Mrs. McPherson was not there. On cross-examination the witness stated that she did not “know firsthand whether Mrs. McPherson was actually in the house or not.” The evidence shows nothing inconsistent with a neighborly visit except that someone called a deputy sheriff who found respondent in the neighbor’s home. The witness also stated that she signed an affidavit that respondent threatened a relative with a brick, but that she did not see the incident and “had no firsthand knowledge” of this incident. She testified that there were times when, in her opinion, Mrs. Hatley should not be driving because “when she was backing up, she wouldn’t look over her shoulder like she should or make the proper sign. She would also back up too fast.” However, Mrs. Couch qualified this statement with the following language:

No, she did not almost have an accident at any time that I can recall. No, she does not drink and drive. No, when I was in the car with her the car never left the road. No, I never saw her run through a stop sign or violate a[*697] stoplight. No, she never came close to injuring a pedestrian. Yes, she seldom drives. She has driven more lately than she did in prior years. I think she could have an accident however, hut for the past month she hasn’t been driving too much.

The court accepted into evidence the medical report of Dr. Tom Wilson which was at follows:

Next of kin or other responsible person:
Parné Hatley
Rt. 6 Box 472
Chapel Hill, N. C. 27514
On 7-25-75, at 3:30 a.m. o’clock, I examined the above-named person in At NCMH Emergency Room, with the following findings:
Indications for Mental Illness or Inebriacy:
Erratic behavior that has included: (1) threatening a relative yesterday with a brickbat without provication (sic), (2) reportedly careless and reckless driving of her motor vehicle, (3) receiving money from church for “food for poor persons” which she used to buy cases of goods at local food store for which she had no purpose (case of weiners, chicken, etc.) has become increasing hostile and aggressive toward relatives, (4) ran away from home yesterday and deputy sheriff had to be called to find her in a neighbor’s house.
Indications for Imminent Danger to Self or Others:
Threatened another person with brick, erratic behavior such that she is unable to comprehend her actions, erratic driving habits which have developed along with other symptoms.
Abnormal Physical Condition Noted, Including Any Pertinent History: None
Current Medications: None — given 100 mg. Thorazine in E.R.
Tentative Diagnosis: psychotic behavior — prob. paranoid schizophrenia
[*698] As a result of the examination, it is my opinion that the named person:
IS Mentally Ill or Inebriate, and Imminently Dangerous to Himself or Others:
s/ Tom Wilson M.D. Qualified Physician NCMH
Chapel Hill, N. C. 27514
(Sworn to 4:00 o’clock on this 25 day of July, 1975.)

We note that the record discloses an undated, unsworn medical report signed by Dr. Mohammed Elmaghraby which might have furnished evidence to support the trial judge’s findings since it appears to be based solely upon the observation and examination of a qualified physician. However, the judgment in this cause discloses that the trial judge relied solely upon the testimony of the sworn witness and the sworn medical report of Dr. Tom Wilson.

At the conclusion of the hearing Judge Paschal entered the following pertinent findings:

6. That the Court further heard evidence of Mrs. Couch and finds that the respondent is mentally ill because (a) she has a history of mental and emotional distress and has been committed to a hospital on several occasions in the past; (b) she was driving in a careless and reckless manner such that the lives of persons with whom she came in contact might or could be endangered; (c) she entered a house at a time when that house was not physically present by that neighbor who usually occupied the house;
7. That based on the evidence the Court finds that the respondent is imminently dangerous to herself in that she was driving in a careless and reckless manner such that the lives of persons with whom she came in contact might or could be endangered and in that she entered a house at a time when that house was not physically present by that neighbor who usually occupied the house;

He then ordered that respondent be committed to John Umstead Hospital for a period not to exceed 90 days.

[*699] Although a stricter degree of proof may be required in those cases requiring clear and convincing evidence, the terms “clear” and “convincing” are “not susceptible of separate, analytical comparison with greater weight of the evidence.” McCorkle v. Beatty, 225 N.C. 178, 33 S.E. 2d 753. It is for the trier of fact to determine whether evidence offered in a particular case is clear and convincing. 2 Stansbury’s N. C. Evidence (Brandis Rev. 1973) § 213, p. 162.

We find nothing in the testimony of the witness, Mrs. Couch, which would even support a reasonable inference that Mrs. Hatley was imminently dangerous to herself or others.

We now turn to the medical evidence. G.S. 122-58.4, in part, provides: “The findings of the qualified physcian and the facts on which they are based, shall be in writing, in all cases.” Dr. Wilson’s compliance with the mandate of the statute makes it readily apparent that the findings denominated “Indications” in the form medical report are based upon the very same facts testified to by Mrs. Couch in the District Court rather than upon facts discovered by Dr. Wilson’s examination and an application of his training and experience. The insertion of these same facts in a medical report does not give them greater force or dignity than the sworn testimony presented in the District Court. There is nothing to indicate that the findings or “Indications” contained in this report were based on a medical examination by Dr. Wilson or upon his experience or study as a qualified psychiatrist.

We wish to make it absolutely clear that we do not intend to restrict or change the existing rules of evidence. We simply hold that the finding in this case that respondent was imminently dangerous to herself and others is not supported by clear, cogent and convincing evidence.

For the reasons stated, the decision of the Court of Appeals is

Reversed.