Legal Opinion

In re Glant

District Court of Appeal of Florida

Decided April 7, 1994No. 92-1100Published

1Opinion of the Court

ERVIN, Judge.

Susan Giant appeals the denial of her motion to vacate the trial court’s ex parte order for involuntary examination. We reverse.

Pursuant to section 894.463, Florida Statutes (1991), the trial court ordered Giant to undergo an involuntary examination for mental illness. No evidence was presented to the court, as required by section 394.463(l)(a), nor did the court make a specific finding, as required by section 394.463(2)(a)(1), that Giant had refused a voluntary examination or was unable to determine for herself the necessity of such examination. Consequently, the order is…

2Cases cited3 opinions

  1. In Re BeverlySupreme Court of Florida · 1977
  2. Schexnayder v. StateDistrict Court of Appeal of Florida · 1986
  3. Everett v. StateDistrict Court of Appeal of Florida · 1988

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