Appeals court denies ex-guardian Fierle’s bid to remove judge

A panel of judges has tossed out an appeal by former Orlando guardian Rebecca Fierle, who argued a judge in Orange County overstepped by ruling Fierle abused “do not resuscitate” orders and should be permanently removed from all cases.

The Fifth District Court of Appeal in Daytona Beach on Tuesday rejected one of Fierle’s two appeals, which sought to remove Circuit Judge Janet C. Thorpe from the case. No ruling has been made on Fierle’s other appeal, which seeks to quash Thorpe’s order finding the former guardian violated state rules.

“This court has no confidence in Ms. Fierle’s actions, reliability or truthfulness as a professional guardian,” Thorpe wrote in a Sept. 12 order. “This court finds probable cause to permanently remove Rebecca Fierle from any appointment in Orange County as a professional guardian.”

The former guardian, who had overseen hundreds of wards across more than a dozen counties, resigned statewide in July, weeks after a state probe into the death of one of Fierle’s incapacitated clients, 75-year-old Steven Stryker, accused her of potentially criminal misconduct.

An investigator with the Okaloosa County Clerk of Courts and Comptroller found Stryker died at a Tampa hospital after staff could not perform life-saving procedures due to a DNR order Fierle filed against his wishes and refused to remove. The embattled guardian later admitted to routinely filing DNRs on her wards.

The allegations against Fierle have since multiplied.

An audit by the office of Orange County Comptroller Phil Diamond found Fierle improperly billed AdventHealth Orlando close to $4 million over a decade for services she provided to 682 vulnerable patients — while often double-billing incapacitated clients for the same services. Another state investigation accused Fierle of illegally profiting off her wards at an Altamonte Springs assisted living facility and pocketing refunds the facility issued to them.

Fiere is currently under criminal investigation, but no charges have been filed against her.

Fierle’s attorney, Harry Hackney, argued in the dismissed appeal that Thorpe had no authority to permanently remove Fierle because the agency in charge of disciplining guardians is the state’s Office of Public and Professional Guardians, not the court.

“The Circuit Court should not be allowed to continue to exercise the power of a completely different branch of government,” Hackney wrote.

But the office of Florida Attorney General Ashley Moody argued OPPG has no power over guardianship cases pending in court and can’t order the removal of a guardian.

“Judge Thorpe’s actions in this matter have been fully consistent with the circuit court’s exclusive jurisdiction over Orange County guardianship cases,” wrote Senior Assistant Attorney General William H. Stafford III.

The attorney general’s office is also investigating the embattled guardian on allegations of Medicaid fraud.