DAYTONA BEACH, Fla. — The Fifth District Court of Appeals dismissed an initial motion filed on behalf of embattled professional guardian Rebecca Fierle, who was hoping to reverse a county judge’s order prohibiting her from ever being assigned as a guardian in the future.

Judge Janet Thorpe issued an order on September 13, 2019 that permanently removed Rebecca Fierle from any appointment in Orange County as a professional guardian.

The Fifth District Court of Appeals dismissed Fierle’s appeal after failing to respond to the higher court’s order to show case, according to court records.

Harry Hackney, an attorney representing Rebecca Fierle, told Spectrum News Tuesday that the proceedings are still early in the process.

“We have a pending Writ of Certiorari as well as a pending Writ of Prohibition in the Fifth District Court of Appeal,” Hackney told Spectrum News. “The Clerk of the Court has been ordered to respond to the Writ of Certiorari, and we are awaiting their brief. The third appeal was superfluous, which is why we allowed it to be dismissed. We look forward to pursuing the two other appeals.”

In her order, Judge Thorpe argued Fierle violated state rules by failing to put her ward’s best interests first.

“It was alleged Ms. Fierle had placed a “Do Not Resuscitate Order” on a Ward against the Ward’s express wishes,” Judge Thorpe wrote in her order. “The Ward subsequently died due, at least in some part to the ‘Do Not Resuscitate Order.’ It was later determined Ms. Fierle had placed “Do Not Resuscitate Orders” on most, if not all, of the Wards under her control.”

A Spectrum News investigation found Fierle at one point this summer was appointed as guardian for more than 450 seniors, or so called “wards,” in 13 counties.

In July, Thorpe removed Fierle from 98 cases in Orange and Osceola counties, before Fierle resigned from all of her cases statewide, in response to a state investigative report that accused Fierle of abusive actions that led to the death one of her wards, 75-year-old Steven Stryker. 

A judge can appoint a guardian to oversee the welfare of a senior, extending the legal right to make decisions on behalf of the person’s affairs, healthcare and finances, with control of various bank accounts and other assets.

A July 2019 investigative report by the Office of Public and Professional Guardians determined that “Fierle’s decision to place a DNR order against the Ward’s stated wishes constituted the removal of care necessary to maintain the Ward’s physical health.”

The same report continued: “… The removal of this necessary care directly resulted in the Ward’s death. Section 782.07(2), Fla. Stats. States: 'A person who causes the death of an elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree.'"

Thorpe’s September order was in direct response to findings by the Orange County Comptroller’s Office, which found Fierle may have double-billed the court and AdventHealth for duplicated services, totaling nearly $4 million.

Fierle has not been charged with any crimes, although she remains the focus of multiple criminal investigations being conducted by Florida Department of Law Enforcement and Florida Attorney General’s Office.

Stryker’s death has led to a close scrutiny of Florida’s guardianship system, which advocates say is greatly flawed.

Fierle, however, is not the only focal point; that includes judges, attorneys, and healthcare providers.

The transcript of an emergency hearing on July 11, 2019, which reporters were prohibited from attending, Thorpe is recorded as telling attorneys she was unaware of Fierle’s entire caseload, as well as news she learned that morning that Fierle was not properly insured for the previous six years.

"... my thing is in reading the statute this morning, did you know that an individual guardian under a public guardian is only supposed to have only 40 guardianships as a max?" Thorpe told attorneys during the July 11 hearing, according to the court transcript.

"That's a limit, yes," Lori Loftis, attorney for the Office of Criminal Conflict and Civil Regional Counsel, replied.

"That's news to me," Fierle's attorney Harry Hackney said.

"She had 97," Thorpe said. "We overloaded her. We overloaded her. So it probably won't be a situation if she comes back in to take a look at it."

Stryker’s family have long questioned how Stryker was appointed a guardian in the first place, as well as why AdventHealth petitioned having Fierle appointed guardian, with the same attorney representing the hospital and Fierle.