Legal Opinion

C.O. v. State

District Court of Appeal of Florida

Decided November 4, 2016No. 5D16-2844PublishedCited by 1 opinion

1Opinion of the Court

ON CONCESSION OF ERROR

2Per curiam

C.O., a child, seeks certiorari review of an order placing him in residential mental health treatment due to his purported incapacity. The State concedes C.O. is entitled to relief. We agree and grant the writ.

An order of involuntary commitment to a mental health facility is reviewable by certiorari. See M.H. v. State, 901 So.2d 197, 198 (Fla. 4th DCA 2006). To obtain a writ of certiorari there must exist: (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case, (3) that cannot be corrected on…

3Cases cited3 opinions

  1. In Re Commitment of ReillyDistrict Court of Appeal of Florida · 2007
  2. Brockman v. StateDistrict Court of Appeal of Florida · 2003
  3. Department of Children & Families v. EwellDistrict Court of Appeal of Florida · 2007

4Cited by1 opinion

  1. Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.District Court of Appeal of Florida · 2018

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