Posted on 11/05/2003 11:04:25 PM PST by kattracks
(CNSNews.com) - The husband of Terri Schindler Schiavo must respond to a petition filed by her parents to remove him as the legal guardian of the brain-damaged woman, a judge ruled Wednesday.
The decision by Florida Circuit Judge George Greer came as a surprise because the judge had denied three earlier requests by Terri's father and mother - Robert and Mary Schindler - to remove Michael Schiavo as his wife's guardian and appoint her father or sister in his place.
After a hearing on Wednesday, Greer rejected a request from Schiavo for the Schindlers' latest petition to be dismissed. That decision means Schiavo's attorneys must respond in court to the charges in the suit, which include:
- Adultery in violation of Florida law;
- Misappropriation of funds awarded by a civil jury for Terri's rehabilitation;
- Conflict of interest. The Schindlers believe Schiavo may be trying to end Terri's life to avoid paying alimony that could be awarded if a new guardian successfully petitioned for a divorce on her behalf;
- Denial of health care in violation of Florida law;
- Failure to meet deadlines for completing guardianship plans as required by Florida law;
- Failure to complete annual guardian training as required by Florida law;
- Authorizing experimental medial procedures without court approval;
- Concealing information from the court; and
- Exceeding the specific guardianship authorities granted by the court, also allegedly in violation of Florida law.
Scott Swope, an attorney for Schiavo, called the ruling "unfortunate" and told the Associated Press that he will fight the petition. "(Michael) should remain her guardian because he has her best interests at heart," Swope said.
However, Patricia Anderson, attorney for the Schindlers, said she was pleased with the decision. "Schiavo has demonstrated through repeated and gross failures to comply with the law that he is incapable of discharging the duties of guardian," she stated.
Terri Schindler Schiavo suffered a brain injury under questionable circumstances in 1990. Her husband says he has been attempting to remove his wife's feeding tube in accordance with her wishes not to be kept alive artificially, but her family believes the 39-year-old woman's condition could improve with proper therapy and treatment.
The woman's feeding tube was removed on Oct. 15 by a court order sought by her husband. It was reconnected six days later, when the Florida legislature and Gov. Jeb Bush responded to calls from the Schindler family and the public by enacting Terri's Law, empowering the governor to intervene.
Last week, Michael Schiavo filed a suit challenging the constitutionality of that law. However, an attorney for the governor has asked another judge to dismiss Schiavo's lawsuit as invalid since it was filed in Pinellas County rather than Leon County, where Bush lives.
"The governor has the right to a home venue privilege," said Kenneth Connor, a lawyer representing Bush. "As you can imagine, this is not the only lawsuit brought against the governor, so if you wind up forcing the governor and the staff to trot all over the state, that winds up being an extraordinary consumption of state resources."
Connor denied that Bush is trying to avoid judicial review of Terri's Law, just insisting that proper procedure be followed first.
To view CNSNews.com's long-term coverage of the Terri Schindler Schiavo case, click here.
E-mail a news tip to Randy Hall.
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Title XLVI
CRIMES
Chapter 798
ADULTERY; COHABITATION
798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
Not to me. Greer knows the entire country is watching him now. He also knows the legislature is willing to take further action if needed. As much as he'd like to see Terri dead, he wants to keep his job.
Past Employment Positions: Pinellas County Sheriff's Office, Deputy Sheriff, 1988-1994
Verrry interesting
If that means impeach, perhaps by a slim chance. But Sen. King said he would BLOCK any revisions to Terri's Law that might be necessitated by court decisions. BAH!!!
The sky is yellow, the moon landings were faked, and the Cubs won the World Series.
Terri's trust fund. Pretty cool, eh? Michael gets to use Terri's money to have her killed, but her parents have to use their own money to keep her alive.
I guess the year must be 1908. The Cubs indeed won the World Series, and all moon landings to date had been faked (including the one in Méliès' Trip to the Moon). Not sure about the sky having been yellow that year.
Yes, he did. He also said he would block Terri's Law when the bill was first introduced. The Senator had to back down and the bill, as we know, passed. Public sentiment on this issue is stronger than King and his death culture allies. It's also stronger than Judge Greer. Governor Bush is not going to risk alienating his own constituency by throwing Terri Shiavo to the wolves. This is why he and the legislature were finally forced to take action. He knows this issue has taken on a life of its own and could define his governship.
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