Obituary
John James (Jim) McGuirk, 85, of New Smyrna Beach, FL, died surrounded by his family’s love on June 9, 2024, of complications from Parkinson’s disease.
Jim was born on September 2, 1938 in Chicago, IL, the only child of father John Joseph McGuirk (deceased 1957) and mother Mary Theresa Mus McGuirk (deceased 1978), both immigrant factory workers who strived for the American dream. They would vacation in Edgewater/New Smyrna Beach annually where they fell in love with the warmth, beaches and small-town feel. Recognizing the lack of motels for tourists, in 1947 they built the 4-unit Mara Motel in Edgewater, FL. Jim would help his mother run the motel while Jim’s father stayed at his Chicago factory job until income was predictable.
In 1953 Mary McGuirk secured one of the first Dairy Queen Franchise Agreements for the Southern United States, receiving an exclusive franchise for both New Smyrna Beach and Edgewater, FL. She built a store in its present New Smyrna Beach location where Jim worked alongside his mother until 1956 when he graduated from New Smyrna Beach High School and left for college at the University of Florida.
At the University of Florida Jim was quickly attracted to journalism and was soon reporting for and then working as Managing Editor for the student-run newspaper, The Florida Alligator. After earning a B.A. in Journalism Jim continued his studies by attending law school. After law school Jim pursued journalism and communications. Jim worked at various newspapers in Florida and Georgia, finding a passion in investigative reporting and speech writing. As an investigative reporter Jim covered political issues, including political corruption and the growing civil rights movement in the South, eventually working for Channel 4 TV in Jacksonville, FL. Jim also spent time in Washington D.C. as speech writer for Congressman [Sam Gibbons]. Jim then took a position as speech writer for the Earl Faircloth Campaign for Attorney General. After Faircloth became the Florida Attorney General, Jim joined the legal staff of the Attorney General’s office and continued to write speeches.
Jim’s reputation at the Attorney General’s office earned him an opportunity to become a prosecutor in the office of Richard E. Gerstein, the six-term State Attorney for Dade County. There Jim worked and became life-long friends with attorneys who would dominate the Miami-Dade bar in the decades ahead. After several years of public service, Jim entered the private practice of law as a criminal defense attorney. He and his law partner’s legal expertise became much sought after in the community for decades. Jim spent much of his legal career enjoying the nurturing of future generations of lawyers through clerkships in his office and by serving in the Dade chapter of the American Inns of Court, which was designed to improve the skills, professionalism and ethics of bench and bar.
Jim’s love for the Everglades was undeniable. Sunday mornings Jim would rustle his children out of bed in the early morning hours to walk Shark Valley, Corkscrew Swamp or the Anhinga Trail by daybreak. He would often take groups of old friends and new friends to the dikes along Tamiami Trail and cook them sausage and tomato biscuits while watching the sun rise above the Glades. His love of the Glades was captured in Clyde Butcher’s photographs and you would often find him in Butcher’s gallery, browsing and purchasing photographs for family and friends.
In 2001 Jim married Beverly Jean Ross. In 2017 Jim retired from his law practice, proud to have been a member of the Florida Bar for 50 years, and immediately moved back to New Smyrna Beach.
Jim had inherited the Dairy Queen in New Smyrna Beach when his mother died in 1978. Against much advice, Jim managed the store with loving care from his law practice in Coral Gables, FL until his son Jason joined him as the manager in 1997, becoming the third generation to look after the shop.
Jim is survived by his wife, Beverly Ross, Jim’s three sons, Jeffrey (wife Vicky Thomas), Jason (wife Jess) and Scott, and four grandchildren (Brianna, Donovan, Truman and Isla). Jim was preceded in death by his former wife Barbara.
The family is planning two private celebrations of Jim’s life, one in New Smyrna Beach and one in Coral Gables.
The family suggests that those wishing to honor Jim’s memory do so with donations to Catholic Charities Legal Services of Miami-Dade, on the Board of which he served for many years.
Catholic Legal Services
28 West Flagler Street, Main Office 10th Floor
Miami, FL 33130
Attn: CEO Randolph McGrorty, Esq.








Words sometimes fall short, yet I hope the beautiful notes you guys are receiving about the love and deep connections between your dad and so many amazing folks provide some measure of comfort.
Jim’s relationship with Joe over the years has always been a shining example of the meaning and impact of a lifelong friendship … and continues to create a warm, special connection in the hearts of our entire family.
I carry such wonderful memories of Jim …including teaching Mike and I how to dive in the Keys, delivering my grandmother’s eulogy, and sharing so many simple and loving moments over coffee and bread pudding in Hialeah.
I wish you much peace and love in the memory of your wonderful father.
Danny Thomas
Parkinson's is rough. May he rest in peace.
He will stay with me forever.
Rosa and I are heartbroken to hear about the passing of your dear father and our dear friend.
Jim was a great and righteous man, and throughout his life journey, he always made the world a better place.
You know so well the many compassionate deeds that Jim did for hundreds of people during his life and career, and our family benefited greatly from his kind and expert help in our time of need.
Our prayers and thoughts are with you and your children during this sad period.
All of our love,
Aaron and Rosa
The stories about the family Dairy Queen and his attention to detail about its operation were classic.
My life is much better having known Jim and having him as a friend . May God bless his soul, and his memory stay always alive with his family and friends.