07-6323 GWENDOLYN LOVE v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-6323

Case Date: 05/05/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

GWENDOLYN LOVE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-6323

Opinion filed May 5, 2008. An appeal from Circuit Court for Leon County. Augustus D. Aikens Jr., Judge. Nancy Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Sherry Anita Toothman, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida Statutes (2007). Because the record is devoid of

competent substantial evidence, either that the appellant is incapable of surviving alone or with the help of family, friends or available services or that the appellant will inflict serious bodily harm to herself or another person, we reverse. Under section 394.467(1), the state must demonstrate, among other things, either that the patient is incapable of surviving alone or with the help of family, friends or available services or that the appellant will inflict serious bodily harm to herself or another person. See

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