BURKE v. NORTHEAST FLORIDA STATE HOSPITAL

No. 1D09-1085.

18 So.3d 1234 (2009)

Mark C. BURKE, Appellant, v. NORTHEAST FLORIDA STATE HOSPITAL, Appellee.

District Court of Appeal of Florida, First District.

October 8, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and J. Melton Bessinger, Ladawna Murphy, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges an order of continued involuntary commitment. Because the state failed to prove by clear and convincing evidence that the appellant meets the statutory criteria for involuntary placement, we reverse.

At an involuntary commitment proceeding, the state must demonstrate, among other things, either that the patient is incapable of surviving alone and is likely to suffer from neglect or that the patient will inflict serious...

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