Published: Aug 12, 2010 5:01 PM EDT
Updated: Aug 12, 2010 2:01 PM EDT

TALLAHASSEE, Fla. (AP) - A Florida appeal court has reversed a pregnant woman's forced hospitalization.

The majority in a 2-1 opinion Thursday said the order by a Tallahassee judge violated Samantha Burton's right to refuse medical treatment.

The judge issued the order after Burton's doctor argued she was risking a miscarriage if she didn't quit smoking immediately and stay on bed rest in the hospital.

The dissenting appellate judge wrote that it's a moot issue because Burton delivered a stillborn fetus three days later.

The majority, though, decided her situation could be repeated so the issue should be decided to set a precedent for future cases.