| Classification |
Original Proceedings - Circuit Civil - Habeas Corpus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
20-MH-462-001
|
Parties
| Name |
P & F, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
DAVID COOLEY, ESQ., KATHLEEN A. SMITH, P. D.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
BRITTANY QUINLAN, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. ROBERT L. CROWN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-09
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge ~ NORTHCUTT, SILBERMAN, and LABRIT
|
|
| Docket Date |
2020-11-09
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORD-GRANT. ORIG PETITION ~ The petition for writ of habeas corpus is granted. See § 394.459(8)(a), Fla. Stat. (2020). This court recognizes that the appendix demonstrates valid and ongoing concerns regarding the petitioner's ability to care for herself, and we do not underestimate the concerns of the trial court and the parties involved. "However, this knowledge cannot justify our failure to act on the basis of the record as we find it today." Schexnayder v. State, 495 So. 2d 850, 852 (Fla. 1st DCA 1986). The trial court did not make the specific findings required by section 397.467(1)(a)2.a or section 397.467(1)(a)2.b. To the extent that the written order indicates that the trial court intended to find grounds for commitment under section 397.467(1)(a)2.a, the State did not present clear and convincing evidence to support a finding that without treatment, the petitioner is "likely to suffer from neglect . . . and such neglect . . . poses a real and present threat of substantial harm to his or her well-being." See Boller v. State, 775 So. 2d 408, 410 (Fla. Fla. 1st DCA 2000) ("Conclusory testimony, unsubstantiated by facts in evidence, that a patient has a potential for aggression and the possibility of substantial harm to herself, is insufficient to satisfy the statutory criteria by the clear and convincing evidence standard."). The trial court shall expeditiously discharge the petitioner.
|
|
| Docket Date |
2020-11-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-10-14
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
P. F.
|
|
| Docket Date |
2020-10-14
|
| Type |
Order
|
| Subtype |
Quick Response to Habeas by AG
|
| Description |
quick response to habeas by AG ~ The Attorney General shall file a response to the petition for writ of habeas corpus before October 23, 2020. The petitioner may file a reply within four days of service of the response. Any electronic filing shall be designated as an emergency by checking the box for this purpose.
|
|
| Docket Date |
2020-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
