# Larimore v. State

> Supreme Court of Florida · January 29, 2009 · 2 So. 3d 101

URL: https://www.frixlaw.com/law-library/cases/9654353

## Case

- **Full name:** William Todd LARIMORE, Petitioner, v. STATE of Florida, Respondent
- **Court:** Supreme Court of Florida
- **Decided:** January 29, 2009
- **Citations:** 2 So. 3d 101; 2008 WL 5170550
- **Precedential status:** Published
- **Opinion:** Dissent by Wells
- **Judges:** Pariente, Quince, Anstead, Lewis, Wells, Canady, Polston
- **Cited by:** 89 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654353

## How later opinions describe it (automated extraction)

- concluding that "[s]ince the [l]egislature added a section [in 1999] providing for special procedures where immediate release is anticipated, and amended section 394.915[, Florida Statutes,] to state that the person 'remain in custody' rather than be 'taken into custody,' ther…
- holding that “an individual must be in lawful custody when the State takes steps to initiate commitment proceedings pursuant to the Jimmy Ryce Act in order for the circuit court to have jurisdiction to adjudicate the commitment petition”
- concluding that “the legislative intent of the Jimmy Ryce Act is that the person is in lawful custody at the time any initial steps are taken in the commitment process under either section 394.913 or 394.9135”
- noting that “[related statutory provisions must be read together to achieve a consistent whole, and ... [w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.” (alterations in original) …
- acknowledging "the 'elementary principle of statutory construction that . . . words in a statute should not be construed as mere surplusage' " (quoting Gulfstream Park Racing Ass'n v. Tampa Bay Downs, Inc., 948 So. 2d 599, 606 (Fla. 2006))

## Opinion text

WELLS, J.,
dissenting.
I would approve the well-reasoned decision of the First District Court of Appeal in this case, which I conclude correctly applied the statute as intended by the Legislature.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654353. Public record. Not legal advice.