DEFAMATION -- LIBEL: In Florida, Plaintiff Must Prove Falsity

Third District Court of Appeal ^ | March 28, 2003 | COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

[Notwithstanding]

pulpyteen is not trustworthy, not conservative, and abuses his status as an attorney to chill conservative speakers in this forum

its that simple

[FITZ]

If people are spreading untruth and unchecked incorrect innuendo, then why shouldn't they shut up?

How do we know what's true and what's untrue unless an impartial investigation is done and medical records are opened? We hear Terri's family's side of it --- and we hear her husband side of it and he wants her dead. Neither has been tried in a court of law like OJ Simpson who was not proven guilty. And people still speculate on that after the case has been tried.

[IncPen]

abuses his status as an attorney

Which, based on the pro bono advice he was offering the other night, is questionable as well.

[Chancellor Palpatine]

Neither has been tried in a court of law like OJ Simpson who was not proven guilty.

Where do you think all those court orders and appeals came from? I'll give you three guesses.

[EllaMinnow]

I must have missed it when OJ successfully sued Nicole's landlord for not having steady stairs and thus causing her to fall on a knife.

[harrowup]

...LOL - You're killing me here.

As much as that event might bring much relief to the majority here, I would not wish to give your harpies, to include oneida and the catsmeow, further cause to raise you higher on their shoulder pads.

You act like you want to be taken seriously,

The most common denominator with you and your ugly little clique is your unabashed escape to projection.

...but then you actually believe that the RC annulment process has any bearing whatsoever with the statutory machinations of civil dissolutions?

You are exceptionally careless as best for an attorney, but you may want to rephrase your gem (just for the common folk, you know):

"An RC church annulment is meaningless to civil separation or divorce, nor do civil statutes on annulment follow the same rules as curch annulment.

Now, you have either been careless, deliberately ignorant of the case law, or as I suspect a bit of both compounded by your continued demonstration of pulling everything you need out of your depressing need to be right...much like those thousands of plaintiffs who prevailed in defamation cases.

Say, you're not mochajoke are you?

[FITZ]

But put yourself in Terri's family's shoes. The still love her --- she's a daughter and a sister to them. She collapse mysteriously at age 26, they believe she is still responsive in some way with them. If Michael is right ---- she has no brain activity left at all, she's merely a body laying there that thinks nothing, feels nothing, and therefore feels no pain. If the family is right, she is still responding and still can feel pain, sense their presence, see them, hear them.

She requires a little nursing care --- prevention of bed sores, probably a daily bath, some nutrition and fluids ---- but really not much more than that. What is the great harm in leaving her to live? Allowing her family to visit her? Can you imagine the agony of having a child that you've been barred from visiting? Even on his/her deathbed? Even if the family is wrong about Terri's mental ability ---- what is the point in keeping parents from seeing their adult daughter?

Also --- isn't there such thing as a legal annulment? Maybe Bush or the courts could step in and give Michael that so he won't have to worry about his wife being a financial drain on him. For the amount of skilled nursing home care she needs --- I would think a visiting home nurse could provide whatever she needs in 2 hours or so --- it shouldn't cost an extreme amount.

[Catspaw]

If money is the issue ---Would he leave her alone if there was a guarantee that he would be allowed to cut off all financial support for her in a divorce?

Even if her parents were to make a guarantee in writing that MS would not have to pay alimony/maintenance and Terri's future medical bills, the judge in the divorce case would not allow it. The judge would say, "it's against public policy," and order maintenance and payment of all future medical not covered by Medicare.

[Catspaw]

Also --- isn't there such thing as a legal annulment?

A legal annulment would not void any future financial responsibility on the part of MS, even if Terri or MS could get an annulment. An annulment generally voids the marriage based on circumstances at the time of the marriage.