Scheibel v. Thomas

This is an appeal challenging the denial of the appellant’s motion to dismiss the petition for civil commitment filed by the appellee hospital. We agree with the ruling of the trial judge and affirm the decision. The undisputed facts are as follows.

On July 24, 2002, the appellant was committed to the Westborough State Hospital on a petition pursuant to sections 7 and 8 of chapter 123. The petition expired on January 25, 2003. Although no petition for recommitment was filed prior to January 25, 2003, the appellant was not discharged. On January 27,2003, appellants treating psychiatrist filed…