DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
BRENT GORDON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D22-1465
[January 4, 2023]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Laura C. Burkhart, Judge; L.T. Case No.
502022MH001373ASB.
Carey Haughwout, Public Defender, and Narine Austin, Assistant
Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Jacqueline I.
Kurland, Senior Assistant Attorney General, Fort Lauderdale, for appellee.
ON CONFESSION OF ERROR
PER CURIAM.
The appellant appeals from the circuit court’s order directing that he
be subject to involuntary inpatient placement and be appointed a guardian
advocate. He argues the circuit court lacked clear and convincing evidence
that because of his mental illness, he “is incapable of surviving alone or
with the help of willing and responsible family or friends, including
available alternative services, and, without treatment, is likely to suffer
from neglect or refuse to care for himself …, and such neglect or refusal
poses a real and present threat of substantial harm to his … well-being[,]”
or “[t]here is a substantial likelihood that in the near future he … will inflict
serious bodily harm on [him]self or others, as evidenced by recent behavior
causing, attempting, or threatening such harm[.]” § 394.467(1)(a)2., Fla.
Stat. (2021).
The state concedes the circuit court lacked clear and convincing
evidence to support its finding that the appellant met section
394.467(1)(a)2.’s requirements for involuntary patient placement.
Based on our review of the record, we agree with the state’s concession
of error. Therefore, we reverse the circuit court’s order, and remand for
the circuit court to enter an order denying the petition for involuntary
patient placement.
Reversed and remanded with instructions.
GROSS, MAY, and GERBER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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