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478 So. 2d 361

478 So.2d 361

10 Fla.L.Weekly 2547

Caudle v. State

District Court of Appeal of Florida

Decided November 15, 1985

District Court of Appeal of Florida · decided 1985-11-15

Cited by 3 later decisions — most recently September 1996

3 state decisions

Relies on 399 So. 2d 432 - Fazio v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-15

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PER CURIAM.

¶1Appellant and appellee have filed a Joint Motion to Remand with directions that the appealed order of involuntary commitment be vacated in spite of the fact that appellant has been released from the involuntary commitment. The state agrees that the commitment order was erroneously entered without providing an independent expert examination of appellant who is indigent. See Fazio v. State, 399 So.2d 432 (Fla. 5th DCA 1981). State has not argued that the issue is moot.

¶2In order to grant the relief sought by the parties, the appealed order must first be reversed. While we are not necessarily required to acquiesce in the parties’ stipulation, we find that under the circumstances of this case, the relief here sought is appropriate. Accordingly, the order of involuntary commitment is reversed and this cause is remanded to the trial court with instructions that the order be vacated.

SHIVERS, WENTWORTH and WIG-GINTON, JJ., concur.
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