FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-4125
_____________________________
ALEXANDRA P. LIVINGSTON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Alachua County.
Kristine Van Vorst, Judge.
April 30, 2018
PER CURIAM.
Alexandra P. Livingston appeals a commitment order finding
that involuntary placement was necessary because, in part, she
was incapable of surviving alone due to her mental state. See
394.467(1)(a)2.a., Fla. Stat. (2018). She claims that the evidence
was inadequate to establish this element. We agree and therefore
reverse and order the trial court “to elicit further testimony to
establish the statutory criteria, or otherwise order Appellant
discharged.” Blue v. State, 764 So. 2d 697, 699 (Fla. 1st DCA 2000).
REVERSED and REMANDED.
B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Andy Thomas, Public Defender, and Justin F. Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Jerod M. Rigoni,
Assistant Attorney General, Tallahassee, for Appellee.
2