South Florida Donor Network, LLC v. in Re: Guardianship of Jacqueline Daley
CourtDistrict Court of Appeal of Florida
Date FiledOctober 14, 2026
Docket3D2026-2178
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 14, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-2178
Lower Tribunal No. 25-4281-GD-02
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South Florida Donor Network, LLC,
Petitioner,
vs.
In Re: Guardianship of Jacqueline Daley, a Ward,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Jose L. Fernandez, Judge.
Caldera Law, PLLC, and Anthony V. Narula and Rasheem Johnson,
for petitioner.
Wicker Smith O'Hara McCoy & Ford, P.A., and Liz C. Messianu and
Patricia D. Blanco, for respondent.
Buchanan Ingersoll & Rooney PC, and Blake J. Delaney (Tampa), for
interested nonparty HCA Florida Aventura Hospital.
Before GORDO, LOBREE and GOODEN, JJ.
PER CURIAM.
At approximately 4:30 p.m. on Friday, October 9, 2026, South Florida
Donor Network, LLC (“SFDN”), petitioned this court for an emergency writ of
certiorari seeking to quash the circuit court’s October 8, 2026 Order Denying
its Emergency Petition for Authorization of Anatomical Gift and Organ
Donation pursuant to section 765.512, Florida Statutes (2026). SFDN is a
Tier 1 Organ Procurement Organization responsible for organ procurement
services in South Florida. The petition alleged that Jacqueline Daley (the
“Ward”) was scheduled to be withdrawn from life support by the end of the
day, and once life support is removed, the Ward’s organs cannot be used for
lifesaving purposes. We have jurisdiction. Art. V, § (4)(b)(3), Fla. Const.;
Fla. R. App. P. 9.030(b)(2)(A).
Under the Florida Anatomical Gift Act, sections 765.510–765.547,
Florida Statutes (2026), when a decedent has not made an anatomical gift
or designated a health surrogate, a member of one of the classes of persons
listed in the statute, in the order of priority listed and in the absence of actual
notice of contrary indications by the decedent or actual notice of opposition
by a member of a prior class, may give all or any part of the decedent’s body
for transplantation or other purpose listed in section 765.513, Florida
Statutes (2026). § 765.512(3)(d), Fla. Stat. (2026). After ordering a response
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to the petition and incorporated emergency motion for stay of the trial court’s
order granting the guardian’s alternative petition for authority to withdraw life-
prolonging procedures, this court conducted an oral argument at
approximately 7:00 p.m. on October 9, 2026. During the hearing, no party
or interested person objected to entry of a temporary stay of the lower court’s
orders, and we entered a stay pending further order of the court. The
following day, respondent’s counsel advised the court that the Ward passed
away during the evening. Upon consideration of the suggestion of death
filed by respondent’s counsel, we vacate the stay and dismiss this petition
as moot.
Dismissed.
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