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IN RE GUARDIANSHIP OF J.D.S.

No. 5D03-1921.

864 So.2d 534 (2004)

In re GUARDIANSHIP OF J.D.S. Jennifer Wixtrom, Appellant, v. Department of Children and Families, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.

Attorney(s) appearing for the Case

Edward P. Jordan, II, of Edward P. Jordan, II, P.A., Clermont, for Appellant.

Rod Taylor of Rod Taylor, P.A., Gotha, for J.D.S.

Charles J. Crist, Jr., Attorney General, George Waas, Senior Attorney General, and Lynn C. Hearn, Deputy Solicitor General, Tallahassee, for the State of Florida.

Randall C. Marshall for American Civil Liberties Union of Florida, Miami, Amicus Curiae.

Bebe J. Anderson for Center of Reproductive Rights, New York, Amicus Curiae.

Julie Sternberg, Diana Kasdan and Jaya Ramji for ACLU Reproductive Freedom Project, New York, Amicus Curiae.

Susan A. England for Florida NOW, Inc., Fern Park, Amicus Curiae.

Mathew D. Staver, Erik W. Stanley and Anita L. Staver for Right To Life, Inc., Longwood, Amicus Curiae.

Laura L. Whiteside, for Advocacy Center for Persons with Disabilities, Inc., Tampa, Amicus Curiae.

Susan Frietsche and David S. Cohen, for Women's Law Project, Pittsburgh, PA, Amicus Curiae.

THOMPSON, J.

INTRODUCTION

Jennifer Wixtrom appeals an order denying her petition to be appointed guardian of the fetus of J.D.S., an incapacitated female.1 We conclude that the trial court correctly denied the petition and affirm.

FACTS AND PROCEDURAL HISTORY

On 6 May 2003, pursuant to section 415.1051(2), Florida Statutes, the Department of Children and Family...

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