Opinion
Case No. 2D19-1261
03-12-2021
IN RE COMMITMENT OF Moses HIGDON, Moses Higdon, Appellant, v. State of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Carol Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, Cerese Crawford and Blain A. Goff, Assistant Attorneys General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Carol Y. Wilson, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, Cerese Crawford and Blain A. Goff, Assistant Attorneys General, Tampa, for Appellee.
PER CURIAM.
Moses Higdon appeals from the 2019 Order on Probable Cause entered in his underlying civil commitment case. Higdon has already been released from confinement as a result of a directed verdict entered in his favor at a nonjury trial which followed this court's opinion in Higdon v. Secretary, Department of Children & Families, 310 So.3d 1026 (Fla. 2d DCA Aug. 14, 2020). In our earlier opinion, we reversed a 2018 Order on Probable Cause. Therefore, because Higdon is no longer confined, we conclude that this appeal is moot.
We find no merit to any of Higdon's arguments as to why this appeal is not moot. To the extent that there is any possibility of costs for Higdon's subsistence or treatment being assessed against him, see § 394.928(1)(b), Fla. Stat. (2020), he would have the ability to challenge any such proposed costs that were incurred after his 2018 annual review hearing due to the directed verdict entered in his favor arising out of the 2018 proceedings, see § 394.928(2)(a) (explaining that prior to entry of an order imposing such costs, a person must be given advance notice of such costs and an opportunity to explain why such costs should not be assessed).
Dismissed as moot.
MORRIS, BLACK, and ATKINSON, JJ. Concur.