IN RE T.A.C.P.

No. 79582.

609 So.2d 588 (1992)

In re T.A.C.P.

Supreme Court of Florida.

November 12, 1992.


Attorney(s) appearing for the Case

Walter G. Campbell, Jr. of Krupnick, Campbell, Malone and Roselli, P.A., Fort Lauderdale, and Scott A. Mager of Weinstein, Zimmerman & Nussbaum, P.A., Tamarac, for appellant.

Robert A. Butterworth, Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, on behalf of Judge Estella M. Moriarty, William R. Scherer, Linda R. Spaulding and Lynn Futch Cooney of Conrad, Scherer, James & Jenne, Fort Lauderdale, on behalf of North Broward Hosp. Dist., d/b/a Broward General Medical Center, and Julie Koenig, Guardian Ad Litem, Fort Lauderdale, for appellees.

Ken Connor of Connor & Associates, Tallahassee, amici curiae for Americans United for Life and Florida Right to Life.

Charlene Miller Carres, Tallahassee, and Nina E. Vinik, Legal Director, Miami, amicus curiae for American Civil Liberties Union Foundation of Florida, Inc.

Michael T. Haire and David P. Rhodes of Haas, Austin, Ley, Roe & Patsko, P.A., Tampa, amici curiae for The Arc, Ethics and Advocacy Task Force of The Nursing Home Action Group, Laura and Paul Flint, Kristina and Richard Fox II, Anne and David Andis, Martina and Robert Bailey, Jennifer and James Molnar, M.D., and Alva and Kerry Nelms.

William A. Young, Jr. of Williams, Mullen, Christian & Dobbins, P.C., Richmond, VA, amicus curiae for United Network for Organ Sharing, a Virginia Non-Stock Corp.

Marcia Beach, Executive Director and Linda G. Miklowitz, Tallahassee, amicus curiae for The Advocacy Center for Persons With Disabilities, Inc.

Thomas A. Horkan, Jr., Tallahassee, Interested Party.


KOGAN, Justice.

We have for review an order of the trial court certified by the Fourth District Court of Appeal as touching on a matter of great public importance requiring immediate resolution by this Court. We frame the issue as follows:1

Is an anencephalic newborn considered "dead" for purposes of organ donation solely by reason of its congenital deformity?

We have jurisdiction...

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