Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Wixtrom v. Department of Children and Family Services (In re J.D.S.)

Court of Appeal of Florida
864 So.2d 534 (2004)


The Florida Department of Children and Family Services (CFS) (defendant) learned that J.D.S., a 22-year-old female living in a group home had become pregnant as a result of a sexual battery. J.D.S. suffered from severe mental retardation, cerebral palsy, autism, and seizure disorder and was completely unable to care for herself. J.D.S. also took several medications that posed potential harm to the unborn fetus. The CFS filed a petition asking the court to appoint a guardian for J.D.S. and a separate guardian for the unborn fetus. The trial court initially held that no guardian ad litem could be appointed for an unborn fetus because it is not a “person” under Florida law. Thereafter, Jennifer Wixtrom (plaintiff) specifically requested that the trial court appoint her as the fetus’s guardian because J.D.S. lacked the mental capacity to care for the unborn fetus and that J.D.S.’s guardian might recommend an abortion. After Wixtrom’s motion for rehearing was denied by the trial court, she filed a notice of appeal. The trial court then entered an order stating that J.D.S.’s guardian created a plan stating that an abortion would not be performed on J.D.S. Wixtrom appealed.

Rule of Law


Holding and Reasoning (Thompson, J.)

Concurrence (Orfinger, J.)

Dissent (Pleus, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial