Background
South Florida Donor Network, LLC, a Tier 1 organ procurement organization, sought emergency certiorari review of a Miami-Dade Circuit Court order denying its petition to authorize an anatomical gift and organ donation for Jacqueline Daley, a ward. SFDN alleged that Daley was scheduled to be removed from life support and that her organs could not be used for lifesaving purposes after life support was withdrawn.
The appellate court ordered a response, heard argument on October 9, 2026, and temporarily stayed the lower court’s orders. No party or interested person objected to the temporary stay. The next day, counsel for the respondent informed the court that Daley had died the prior evening.
The Court’s Holding
The Third District vacated its temporary stay and dismissed SFDN’s certiorari petition as moot.
The court did not decide whether Florida’s Anatomical Gift Act authorized the requested donation. It explained the statute’s priority framework for authorizing anatomical gifts when a decedent made no gift and did not designate a health surrogate, but ended the case after Daley’s death eliminated the live controversy.
Key Takeaways
- A ward’s death can moot emergency appellate litigation over authorization for organ donation.
- A temporary stay entered to preserve the status quo may be vacated once the underlying controversy becomes moot.
- The court did not reach the merits of the requested authorization under Florida’s Anatomical Gift Act.
Why It Matters
The decision underscores the time-sensitive nature of disputes involving withdrawal of life support and potential organ donation. Although the court did not resolve the statutory authorization issue, the case shows that an emergency stay may be available while appellate review is pending—provided a live controversy remains.