Florida Court Prohibits Terri's Parents From Joining "Terri's Law" Battle (ACLJ)

LifeNews.com ^ | November 4, 2003 | Steven Ertelt

[nickcarraway]

Pinellas Park, FL (LifeNews.com) -- A Florida state court on Tuesday disallowed Terri's parents from entering the legal battle over Terri's Law. They wanted to join attorneys for Governor Jeb Bush in defending the legislation that allowed Bush to ask doctors to reinsert the feeding tube that is allowing Terri to live.

Bob and Mary Schindler, Terri's parents, were represented in the request by attorneys from the American Center for Law and Justice, a pro-life law firm.

"We're very disappointed with the court's ruling," said Jay Sekulow, Chief Counsel of the ACLJ. "It is clear that state law permits the parents to get directly involved in a case to defend a state law that is keeping their daughter alive. It is unfortunate that the court did not find that the parents have sufficient legal interest in defending the state's actions -- actions that provide the only barrier between Terri and death by starvation.

Sekulow indicated the Schindlers may appeal the decision.

"We are currently examining all legal options available -- including an appeal -- for our clients. We will do everything possible to ensure that the interests of Terri's parents are represented in this case," he said.

Sekulow said the ACLJ is considering several options including filing a motion with the court to reconsider its ruling denying the motion to intervene; filing an appeal with the Florida Second District Court of Appeal; or, representing the interests of Terri's parents with the filing of an amicus brief on the issue.

In court papers filed Monday, Michael's attorneys said the legal battle is between Michael and Governor Bush and that, while Terri's parents have an interest in her well-being, they should not be a party to the lawsuit.

Attorneys for Governor Jeb Bush are expected to file a response to Michael's "Terri's Law" lawsuit this week.

The American Civil Liberties Union is aiding Schiavo in the lawsuit against Terri's Law.

Pro-life attorney Tom Marzen, who monitors end-of-life issues, told LifeNews.com he agrees the Schindlers have a right to be involved.

"The Schindlers should be allowed to intervene since their interests are certainly affected by the outcome of the suit," Marzen explained.

Michael's lawsuit also seeks a removal of Terri's feeding tube for the third time. The Schindlers' petition asks the judge to allow them to be appointed Terri's guardian in place of Michael.

Related web sites:

Terri's family - http://www.terrisfight.org

[Robert A Cook PE]

The family has a daughter in this case.

A daughter being killed (murdered) by MS.

[Ethan_Allen]

Can't figure that out? Or will you recite the idle chants of the ignorant and tell me the judge was crooked; the doctors were paid off by Terri's husband; medical reports were lost.... etc..

Heart wrenching idiocy.

___________________________________________________________

Quote:

Under Guardianship Laws:

(3) DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person ..........who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under ***s. 435.03 or under any similar statute of another jurisdiction, shall be appointed to act as a guardian........The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.

[Legerdemain]

Ya gonna believe HIS story

you are nothing more than a modern day lynch mob. The mob mentality is really apparent.

Yes, I will believe him, if the state feels that he has committed criminal acts, bring charges against him. Until that time, he is her husband and as such her legal guardian. Again, I have posted this question before, where is it stated that ones constitutional rights include being force fed. Take the tubes out and let nature take its course.

BTW, I wonder what your opinions are about cloning a human being.

[Robert A Cook PE]

Cloning?

Irrelevent.

(It is , however, the ultimate in selfish, narcisstic, self-loving behavior that voids 250,000,000 years of evolution.)

[gooleyman]

Again, I say after 13 years, pull the tube and see if she "gets better".

------

Again, I ask you the question you don't seem to want to hear, let alone answer:

What do YOU, YOURSELF, PERSONALLY gain when Terri dies?
Answer that simple quesiton!!!

[wisconsinconservative]

Take the tubes out and let nature take its course.

BTW, I wonder what your opinions are about cloning a human being.


I take it you wouldn't object to Terri being spoon fed then, right?? Hmmm...I wonder why Michael won't allow it.

Human cloning?? Another example of humans wanting to play God.

[Robert A Cook PE]

A lynch mod, by the way, seeks to kill an innocent person DESPITE the rule of law.

There IS a law permitting her to live. We, our efforts, ARE legal. Are moral. Are correct.

By any definition, in fact, the death-loving lawyer, the hospice, MS, and the judge ARE a lynch mob killing an innocent person rather than let the family take care of her.

[wisconsinconservative]

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA

PROBATE DIVISION



Does anyone know which Judge will be hearing the guardianship matter tomorrow?

[nicmarlo]

In New Jersey, parents were arrested for not feeding their children, which is the same thing a HINO in Florida would like to do, all with the Kangeroo Court's permission. While withholding food from children in New Jersey caused 9 people to loose their jobs, is being called "child abuse" and "gruesome," apparently you feel the practice should not be "judged."

On Oct. 24, Raymond and Vanessa Jackson of New Jersey were arrested for child abuse after a neighbor found one of their adopted children scrounging for food in trash cans in the middle of the night two weeks before. The boy, Bruce Jackson, 19, was only 4 feet tall and weighed 45 pounds. New Jersey officials also removed three other boys from the household; the youngest is 9 years old. None of the boys weighed more than 50 pounds.

It is unfortunate that it takes a gruesome case - one that will undoubtedly stereotype decent adoptive parents - to bring badly needed attention to the U.S. foster care system. http://www.thebatt.com/news/546933.html

[kenth]

Article 1, Section 2 Florida State Constitution

She has a right to life, with no infringement due to disability. You take away her food and water, you're infringing upon her rights.

[Irene Adler]

"....her husband is her legal guardian......."

A helpless person has a right to a legal guardian who is not under the influence of obvious conflicts of interest, both legal and financial.

[Deep_6]

Re:
"See post 56. It's long but I'm sure your lips won't get too tired"
[that regarding the comment about why Terri's family has not filed
against Terri's husband]

The filing is dated: Wednesday, November 5, 2003

They had 13 years to gain guardianship but chose to wait?

Give it a break, ehh?

 

[PeyersPatches]

However, the godsquads would probably try to intercede on my behalf.

---

I wouldn't.

[wisconsinconservative]

WHEREFORE, Petitioners respectfully request that Michael Schiavo be removed as guardian and that Robert Schindler, Jr., or Suzanne Schindler Carr be appointed guardian of Theresa Marie Schiavo.

___________________________ Respectfully submitted,

ROBERT SCHINDLER


___________________________

MARY SCHINDLER PATRICIA FIELDS ANDERSON, ESQ.

Patricia Fields Anderson, P.A.

___________________________ 447 Third Avenue North; Suite 405

ROBERT SCHINDLER, JR. St. Petersburg, FL 33701

727 / 895-6505; 727 / 898-4903 (fax)

___________________________ SPN 00239201; Fla. Bar No. 352871

SUZANNE SCHINDLER CARR Attorney for Robert & Mary Schindler


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished by Certified Mail, Return Receipt Requested, to:


GEORGE FELOS, ESQ. LARRY CROW, ESQ.

Felos & Felos, P.A. Law Offices of Larry Crow

595 Main Street 1247 South Pinellas Avenue

Dunedin, FL 34698 Tarpon Springs, Florida 34689


DEBORAH A. BUSHNELL, ESQ. GYNETH S. STANLEY, ESQ.

204 Scotland St. 1465 S. Ft. Harrison Avenue, #202

Dunedin, FL 34698 Clearwater FL 33756


PAMELA CAMPBELL, ESQ. ALISON A. CARPENTER

111 Second Ave. NE; Suite 1404 30617 U.S. Highway 19 N., Ste 1101

St. Petersburg, FL 33701 Palm Harbor, FL 34684


and by Hand Delivery to GEORGE FELOS, this 15th day of November, 2002.






____________________________________

PATRICIA FIELDS ANDERSON, ESQ.

Attorney for Respondents


Wrong again, sweetie! Hand Delivery to GEORGE FELOS, this 15th day of November, 2002. Filed in November of last year, the hearing is tomorrow. Thanks for playing tho!

[sweetliberty]

In fact, it appears that most of his assets are in the name of the girlfriend/mother of his kids. Also, it was she, NOT his "wife," Terri, who was mentioned as his "spouse" in his mother's obituary.

[supercat]

Or the contradictory section in the chapter on advanced directives that disallows euthanasia, but defines food and water as life support.

What would you think of amending such a section to provide that food may only be denied to patients with a prognosis of 48 hours or less to live, and water to those with 24 hours or less. If someone survives 48 hours after the last feeding or 24 hours after the last hydration, that shall be construed as evidence that they were not dying as originally thought, and both food and water must be provided for a minimum of 48 hours unless or until the patient dies in the meantime.

[gooleyman]

I agree. They gallantly state that if they were in Terri's shoes, they would want the plug pulled. I submit that they would be trying their damnest to get through to someone to tell them NOT to pull the plug. No one knows what they will do in any given situation until it actually arrises. Then it's too late. Of course I can't prove it, but I bet some of the people who had living wills which were exercised probably had their survival instincts kick in at the last minute but were not in a position to communicate their new wishes. Again, I can't prove it, but self preservation is a VERY strong instinct in humans and animals.

You're right, you don't have to be of any religion to know right from wrong. Killing this innocent woman is definitely EVIL.

I wonder why they won't answer my question as to what they gain by her death. No matter what cockamaimy (sp?) answer they come up with, it will amount to them gaining NOTHING. I don't know about you, but I get demotivated real quickly when I find out I'm working for nothing.

[Deep_6]

Re:
"a person needs to be declared brain dead"

What is "brain dead"?

Is that when you can give absolutely no indication in
response to any stimuli?

That is exactly what the five original physicians found 13 years
ago. Tow paid by Terri's husband; two by her family and one
independent court appointed physician.

The two of the family's choice also added that it might be
remotely possible that Terri can regain some form of
ability to respond to stimuli, although no remedy or
extent of ability was cited [when you pay, I guess
you'll get a softer picture of the horror show?] .

What is "brain dead"? The inability to make any voluntary
movement, with or without stimuli. [that includes eye movement]

Incidently... We keep reading these rumors of Terri's ability; that
she has more than involuntary ability? Not one word of it was
entered into court as evidence.

Why? I'm told:

The court; judge; members of court staff; DA department;
all court officers and all the lawyers involved, are crooked.

Now...... That's brain-dead.

 

[kenth]

I suppose that's a way to compromise, but I'm of the opinion that the clarification of most importance is regarding the advanced directive. Without one, and without a person being able to make their wishes clear, any action taken to end their lives is to possibly kill them against their wishes.

Close the loopholes that one can abuse in order to kill another. It needs to be a first-person thing only. If the people want a right to die, that's perfectly fine, but they don't get a right to kill.

[sweetliberty]

" It looks like they are trying to delete the LEWD AND LASCIVIOUS BEHAVIOR portion of the Background Screening that is REQUIRED at THIS TIME of all guardians"

Do you think they are trying to do it at this time because they know they are on thin legal ice on this issue and they're trying to run interference and cover their #$$*$ before that little bomb gets dropped in court? Surely they know that they have completely and deliberately ignored this provision of the guardianship law. Just maybe they won't get away with it.