IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
C.O., A CHILD,
Petitioner,
v. Case No. 5D16-2844
STATE OF FLORIDA,
Respondent.
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Opinion filed November 4, 2016
Petition for Certiorari Review of Order
from the Circuit Court for Orange County,
Gail Adams, Judge.
Robert Wesley, Public Defender, and
Colleen Wapole, Assistant Public
Defender, Orlando, for Petitioner.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Respondent.
ON CONCESSION OF ERROR
PER 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 2005). 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 post-judgment appeal. Id. at 200. When competent, substantial evidence does not
support the trial court's finding regarding competency or involuntary commitment, the trial
court has departed from the essential requirements of the law. Id. Accord Dep’t of
Children & Families v. Ewell, 949 So. 2d 327, 328 (Fla. 5th DCA 2007).
C.O. argues, and the State concedes, that the trial court departed from the
essential requirements of law when it placed him in a residential mental health treatment
facility after finding him incompetent. C.O. does not dispute that he is incompetent, but
argues that there is no competent, substantial evidence to support placing him in secure
residential treatment. The State agrees that the necessary evidentiary support to commit
C.O. to residential treatment is lacking. We agree, as the reports relied on by the trial
court were stale. See In re Commitment of Reilly, 970 So. 2d 453, 455-56 (Fla. 2d DCA
2007); Brockman v. State, 852 So. 2d 330, 333 (Fla. 2d DCA 2003). Therefore, we grant
the petition, quash the order below, and remand this matter to the circuit court for further
proceedings.
CERTIORARI GRANTED; ORDER QUASHED; REMANDED.
SAWAYA, PALMER and ORFINGER, JJ., concur.
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