Moses Higdon v. Secretary, Department of Children and Families
CourtDistrict Court of Appeal of Florida
Date FiledMarch 12, 2021
Docket2D19-1261
StatusPublished
๐ฐ News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
In re Commitment of Moses Higdon, )
)
)
MOSES HIGDON, )
)
Appellant, )
)
v. )
) Case No. 2D19-1261
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed March 12, 2021.
Appeal from the Circuit Court for Pinellas
County; Paul A. Levine, Acting Circuit
Judge.
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,
45 Fla. L. Weekly D1944 (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.1
Dismissed as moot.
MORRIS, BLACK, and ATKINSON, JJ. Concur.
1We 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 ยง 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 ยง 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).
-2-