IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
A.B.,
Petitioner,
v. Case No. 5D17-657
L.T. No. 2017-10349-MHDL
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed March 14, 2017
Petition for Writ of Habeas Corpus,
A Case of Original Jurisdiction.
James S. Purdy, Public Defender, Wilber L.
Cooke, II and Kathryn Rollison Radtke,
Assistant Public Defenders, Daytona
Beach, for Petitioner.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Caroline Johnson Levine,
Assistant Attorney General, Tampa, for
Respondent.
PER CURIAM.
We grant A.B.'s amended petition seeking emergency habeas corpus relief to
obtain her immediate release from her present confinement at Halifax Health. The order
of involuntary commitment issued by the lower court pursuant to section 394.467, Florida
Statutes (2017), is improper because the evidence presented at the hearing did not
establish, by clear and convincing evidence, that A.B. would suffer from neglect, or that
she posed a danger to herself or others. See In re Lehrke,
12 So. 3d 307, 308 (Fla. 2d
DCA 2009). Accordingly, A.B. should be immediately discharged if she is still involuntarily
committed.
PETITION GRANTED.
PALMER and WALLIS, JJ., and JACOBUS, B. W., Senior Judge, concur.
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