Court of Appeals of North Carolina, 1976

In Matter of Crouch

In Matter of Crouch
Court of Appeals of North Carolina · Decided January 7, 1976 · Martin, Morris, Parker
221 S.E.2d 74; 28 N.C. App. 354; 1976 N.C. App. LEXIS 2689 (South Eastern Reporter, Second Series)

In Matter of Crouch

Opinion

MARTIN, Judge.

While it is clear from the record that the commitment period of ninety days has expired, this appeal is not moot. See In re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975), and In re Mostella, 25 N.C. App. 666, 215 S.E. 2d 790 (1975).

G.S. 122-58.7(i) provides: β€œTo support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others. The court shall record the facts which support its findings. (Emphasis added.)” In this case the commitment order is erroneous on its face since it fails to record the facts which support its findings as required by statute.

For the reasons stated, the order appealed from is

Reversed.

Judges Morris and Parker concur.

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