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Florida District Courts of Appeal, 1987

In re Frederick

In re Frederick
Florida District Courts of Appeal · Decided June 10, 1987 · Anstead, Dell, Gunther
508 So. 2d 44; 12 Fla. L. Weekly 1437; 1987 Fla. App. LEXIS 8666 (Southern Reporter, Second Series)

In re Frederick

Opinion of the Court

PER CURIAM.

Reversed. We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require an actual hearing to determine competency as outlined in the provisions of the section. The requirement for a hearing may not be waived by counsel for the alleged incompetent. Cf. In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977).

ANSTEAD, DELL and GUNTHER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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