Zumalt v. State, 791 So. 2d 592 (Fla. 1st DCA 2001). · Go Syfert
Zumalt v. State, 791 So. 2d 592 (Fla. 1st DCA 2001). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Henson v. State (fladistctapp, 2001-12-19)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Henson v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Zumalt v. State, 791 So.2d 592 (Fla. 1st DCA 2001)(revers-ing and remanding for the trial court to elicit further testimony to satisfy the statutory criteria, or otherwise order the appellant discharged).
Retrieving the full opinion text from the archive…
Natsuko ZUMALT
v.
STATE of Florida
No. 1D01-29.
District Court of Appeal of Florida, First District.
Aug 21, 2001.
791 So. 2d 592
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, Attorneys for Appellant., Robert A. Butterworth, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, Attorneys for Appel-lee.
Booth, Kahn, Padovano.
Cited by 1 opinion  |  Published
PER CURIAM.

Appellant appeals the denial of her petition for writ of habeas corpus, claiming a petition for involuntary placement filed by West Florida Community Care Center was untimely filed. Appellant also appeals the order for involuntary placement, claiming her detention is illegal and the State failed to establish by clear and convincing evidence that she met the criteria for involuntary placement pursuant to section 394.467(1), Florida Statutes (2000).

We affirm the denial of the petition for writ of habeas corpus. However, we reverse the order for involuntary placement, and remand for further proceedings. At best, the State presented only conclusory evidence that Appellant met the requirements of section 394.467(l)(a)2 and (b), which was insufficient to meet the clear and convincing standard required for involuntary placement. The trial court is hereby ordered to elicit further testimony to establish the statutory criteria, or otherwise order Appellant discharged. See Boiler v. State, 775 So.2d 408 (Fla. 1st DCA 2000); Smith v. State, 508 So.2d 1292 (Fla. 1st DCA 1987).

REVERSED and REMANDED.

BOOTH, KAHN and PADOVANO, JJ., CONCUR.