Dep't of Child. & Families v. Ewell, 949 So. 2d 327 (Fla. 5th DCA 2007). · Go Syfert
Dep't of Child. & Families v. Ewell, 949 So. 2d 327 (Fla. 5th DCA 2007). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
At page 328 Failure to meet statutory requirements for competency commitment3 citing casesState Hospital for treatment to restore him to competency.1 The only medical expert who evaluated Ewell opined that Ewell ydll not be able to reach competency…opening of page *328 (no citing court says what it cites this page for)
  • Dep't of Child. & Families v. Lotton, 172 So. 3d 983 (Fla. 5th DCA 2015).published
    In Department of Children and Families v. Ewell, 949 So.2d 327, 328 (Fla. 5th DCA 2007), this Court granted certiorari and quashed the commitment order because the only expert who examined the defendant opined that the defendant could not…
  • C.O. v. State, 203 So. 3d 200 (Fla. 5th DCA 2016).published
    Accord Dep’t of Children & Families v. Ewell, 949 So.2d 327, 328 (Fla. 5th DCA 2007).
  • C.O. v. State, No. 5D16-2844 (Fla. 5th DCA Oct. 31, 2016).published
    Accord Dep’t of Children & Families v. Ewell, 949 So. 2d 327, 328 (Fla. 5th DCA 2007).
At page 327 PER CURIAM. Petitioner, the Department of Children and Family Services, (“Department”), seeks a writ of certiorari quashing the trial court’s order committing…1 citing caseopening of page *327 (no citing court says what it cites this page for)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
DEPARTMENT OF CHILDREN AND FAMILIES
v.
Shannon Edward EWELL
No. 5D06-3725.
District Court of Appeal of Florida, Fifth District.
Feb 23, 2007.
Published opinion
949 So. 2d 327
2007 Fla. App. LEXIS 2612
2007 WL 542999
Charles D. Peters, Orlando, for Petitioner., Robert R. Berry and Gregory W. Eisen-menger of Eisenmenger, Berry & Peters, P.A., Viera, for Respondent.
Granted, Lawson, Orfinger, Quashed, Remanded, Sawaya.
Cited by 5 opinions  |  Published
PER CURIAM.

Petitioner, the Department of Children and Family Services, (“Department”), seeks a writ of certiorari quashing the trial court’s order committing Respondent, Shannon Edward Ewell, to the Florida[*328] State Hospital for treatment to restore him to competency.[1] The only medical expert who evaluated Ewell opined that Ewell ydll not be able to reach competency through any known therapeutic program. Section 916.13(l)(c), Florida Statutes (2006), requires that before a defendant is committed to the Department for competency restoration, there must be “clear and convincing evidence that ... [t]here is a substantial probability that the mental illness causing the defendant’s incompetence will respond to treatment and the defendant will regain competency to proceed in the reasonably foreseeable future.” Because there was no evidence presented below to support Ewell’s commitment pursuant to section 916.13(l)(c), we find the trial court departed from the essential requirements of the law by ordering Ewell’s commitment for competency restoration. Eg., M.H. v. State, 901 So.2d 197, 200 (Fla. 4th DCA 2005) (recognizing that “[wjhere competent, substantial evidence does not support the trial court’s finding regarding competency or involuntary commitment, the trial court has departed from the essential requirements of the law”). Therefore, we grant the petition, quash the order below, and remand this matter to the circuit court for further proceedings.

CERTIORARI GRANTED; ORDER QUASHED; REMANDED. SAWAYA, ORFINGER and LAWSON, concur.
1

Ewell is charged with one count of burglary and one count of petit theft.