SOUTH FLORIDA DONOR NETWORK, LLC
v.
IN RE: GUARDIANSHIP OF JACQUELINE DALEY
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A petition for writ of certiorari seeking authorization for anatomical gift and organ donation becomes moot upon the ward's death, rendering appellate review unnecessary.
South Florida Donor Network, LLC sought emergency authorization to procure organs from Jacqueline Daley, a ward scheduled for withdrawal from life sup…
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Third District Court of Appeal State of Florida
Opinion filed October 14, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-2178 Lower Tribunal No. 25-4281-GD-02
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 The petition alleged that Jacqueline Daley (the "Ward") was scheduled to be withdrawn from life support by the end of the day, and once life support is removed, the Ward's organs cannot be used for lifesaving purposes.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
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 lifeprolonging 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.