08-3351 SUSAN KAY THORP v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-3351

Case Date: 10/02/2008

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

SUSAN KAY THORP, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 2, 2008.

CASE NO. 1D08-3351

An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jason Lee White, 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 that the appellant is incapable of surviving alone or with the help of family and friends, 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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