Florida Court of Appeals Rules in Terri's Case Without a Hearing

Terri Schindler-Schiavo Foundation ^ | 12/29/04 | Terri Schindler-Schiavo Foundation

[amdgmary]

Press Release

Florida Court of Appeals Rules Without Hearing Argument Pinellas County, Florida

Attorneys for Robert and Mary Schindler, parents of Theresa Schiavo, are disappointed with today’s one-line order from Florida’s Second District Court of Appeal. The order, issued without a written opinion, dismissed a motion filed by Terri Schiavo’s parents asking the court to consider a recent Papal Declaration. The court ignored the Schindler family attorney’s request for oral arguments to address these important new issues.

The Schindler family is appalled that the 2nd DCA would treat such an important matter of religious freedom in such a cavalier fashion. They are strengthened in their resolve to continue to fight for the life of their daughter and intend to continue to exhaust every legal avenue available.

The Free Exercise of Religion, guaranteed to disabled patients by both the Florida Constitution and the Florida Religious Freedom Restoration Act is not being adequately protected by the Florida courts in this case. The new Papal Declaration makes a clear statement of Catholic religious doctrine that “water and food, even when provided by artificial means, always represent a natural means of preserving life, not a medical act.

Its use, furthermore, should be considered, in principle, ordinary and proportionate, and as such moral and obligatory.” Attorney David Gibbs III, representing the Schindlers in their appeal, said, “We believe that the Papal Declaration, issued in March of 2004, is new evidence that as a matter of law should require a new hearing into what Terri’s wishes would be today, given her devout faith and her current inability to speak for herself. Although Terri is unable to speak, she is very alert and aware of her environment and interacts regularly with her parents through sounds, facial expressions, laughter, and other non verbal communication.

"Terri is not in a coma; nor does she require any other assistance to maintain her life beyond assisted feeding through a tube.”

[amdgmary]

Ping

[writer33]

Why am I not surprised that this court ignored that?

[BykrBayb]

If this was written into a novel, most book stores would put it in the fiction section. It's just unreal what the courts are doing.

[amdgmary]

I agree with you. The 2nd DCA didn't even give a reason why they dismissed the motion. Felos immediately went on the radio to gloat over his victory. He stated that once the 2nd DCA issues their mandate in about 15 days, Michael Schiavo will be free to starve Terri to death.

[Lauren BaRecall]

They didn't even go through the motions of behaving in a fair manner. They ignored the request for oral arguments! Why am I still surprised?

[amdgmary]

The following commentary was written by a supporter of Terri's rights.

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Will the lies never end in the Schiavo case?

December 29, 2004 - The second district court of appeals ordered, without opinion, the denial of Terri Schiavo's parents an opportunity to develop a case that could have saved her life. Previously, Terri's parents filed a petition, asking the court to consider a March, 2004 decree by Pope John Paul II that allowing incapacitated individuals food and fluids through feeding tube assistance was a moral obligation and the removal of such assistance was euthanasia by omission. Terri Schiavo, a life-long, obedient Catholic, is not believed to be in favor of involuntary euthanasia and her parents have tried for years to protect her from a macabre death of dehydration and starvation that is sought by her husband.

Terri Schiavo sustained brain damage following a mysterious medical episode in 1990 that has yet to be explained. Her husband and guardian, Michael Schiavo, sued for rehabilitation benefits and received awards exceeding 1.6 million dollars which were put into trust to provide therapy for Terri. Within a few months, he denied her treatment for a urinary tract infection which could have proved fatal to young Terri. He would later admit, under oath, that he knew the results would cause her death.

Since 1998, Michael Schiavo has mercilessly waged a battle to end his wife's life through the court-approved removal of her assisted sustenance. Such a move is illegal under Florida law without a written directive or clear and convincing evidence of the incapacitated person's medical treatment desires. Neither item exists in Terri's case, yet the courts have favored Michael Schiavo's wishes to end his wife's life.

When the Schindlers (Terri's parents) filed a petition seeking relief based on her religious liberties, the circuit court flatly denied it, stating nothing in the Schindler's petition was new. This was in spite of a recent and clear decree by the head of the Roman Catholic Church, Pope John Paul II that the removal of assisted sustenance was euthanasia and immoral in the eyes of the church.

The Schindlers appealed this and won a stay for their daughter's life in the circuit court. A circuit judge granted an indefinite stay pending all appeals. This means that Terri's food and fluids would not be removed pending any additional legal actions by her parents to protect her.

Interestingly, Michael Schiavo's attorney has stated in recent press interviews that Schiavo would no longer fight the Schindlers or their appeals. Felos told media that "There is no prospect of finality" and that his client would likely give up hopes of finding resolution in the court process.

On December 29, Lifenews.com published an interview with Terri's father in which he states: "Everything Felos says or does is to reinforce his efforts to kill Terri Schiavo and further the cause of his euthanasia agenda. Make no mistake, Felos is using the media to send a message to the Appellate Courts in an attempt to gain their empathy in his personal pursuit of ending Terri’s life"

It comes as no surprise that Mr. Felos would issue a press release on the day of the second DCA's order in his usual, smarmy and self-righteous pro-death rhetoric, saying such abominable things as: "MICHAEL SCHIAVO, MRS. SCHIAVO'S husband and Guardian, who chose not to file a brief in the parents' appeal, praised the appellate court's "prompt and definitive denial of the Schindlers' frivolous claim" and "The probate court's stay order, which has prevented the removal of MRS. SCHIAVO'S artificial life-support until resolution of the "Papal" appeal, will automatically terminate upon the issuance of the appellate court's mandate. The mandate will be issued in fifteen days, or upon denial of any motion for rehearing filed by the parents."

This is the same attorney who has already written a book titled "Litigation as Spiritual Practice" in which he claims to have the psychic-sensory ability to crash jetliners and speak to comatose patients. He is also accepting $10,000 to $15,000 per gig to speak about the "right to die", using Terri Schiavo's case as a launching pad.

The long suffering Michael Schiavo is living with another woman (for over 9 years) with whom he has 2 children, yet he refuses to dissolve his marriage to Terri Schiavo. Schiavo initially sued medical malpractice on his wife's behalf for close to $20 million. However, he was awarded a paltry $1.6 million. Within 6 months time, he was trying to end his wife's life.

[Gunslingr3]

If this was written into a novel, most book stores would put it in the fiction section. It's just unreal what the courts are doing.

Are you crazy? Our courts are supposed to take papal directives? Good grief!

[BykrBayb]

Nobody said that! Please don't repeat the lies told by Terri's estranged husband in pursuit of her murder. Our courts are not supposed to order the murder of innocent disabled people.

[Gunslingr3]

They ignored the request for oral arguments! Why am I still surprised?

You shouldn't be suprised. The courts are not directed from the Vatican. Should we have court hearings for every fatwah issued by some Islamic cleric?

I understand the sympathy with Terri's plight, but this stuff is crazy.

[Gunslingr3]

Nobody said that!

RTFA. They wanted the courts to consider a papal directive. That's nuts. We are not a theocracy. Our courts are not run from the Vatican, or any other religious leader. There is ZERO merit in bringing a papal decree to a U.S. court of law.

[BykrBayb]

Trying to save the innocent victim is not crazy. Trying to murder with the whole world watching is crazy.

[CedarDave]

Are you crazy? Our courts are supposed to take papal directives? Good grief!

No, but her beliefs on religion should be considered given she was a practicing Catholic prior to her "accident." One can't help but wonder if there was an Islamic component to the case how fast the ACLU and similar groups would come to her aid.

[BykrBayb]

You either no nothing about this case, or you're deliberately telling lies. Which is it?

[floriduh voter]

ALL I HAVE TO SAY IS... We will have Vigils again at Hospice Woodside WITH SIGNS AND MEDIA COVERAGE very soon. The weather's fine here.

Anybody who wants to visit Pinellas County, Florida, stay tuned for Vigil dates and detailed maps of the area. We'd love everyone to join us.

Hospice Woodside, Pinellas Park, Florida

[Gunslingr3]

No, but her beliefs on religion should be considered given she was a practicing Catholic prior to her "accident."

Why? What bearing do Papal directives have in a U.S. court of law? What bearing do religious directives from other religions have in U.S. courts? When some muslim nutjob claims clemency from Islamic decrees declaring death to the infidel, do you want U.S. courts of law considering the validity of those arguments? Or do you want the U.S. court to determine his case according to U.S. law?

You can go on about Terri if you want, but please answer the question.

[BykrBayb]

You either no know nothing about this case, or you're deliberately telling lies. Which is it?

Pardon the typo. My blood was boiling. I just get so upset when people come on these threads insisting that Terri's rights are trivial. She has a Constitutional Right to live and practice her religion. This attempt to deny her those rights is evil.

[Gunslingr3]

You either no nothing about this case, or you're deliberately telling lies. Which is it?

RTFA. It's the SECOND sentence in the article. "The order, issued without a written opinion, dismissed a motion filed by Terri Schiavo’s parents asking the court to consider a recent Papal Declaration."

U.S. courts don't take orders from the Pope or any other religious leader. Got it?

[CedarDave]

Sorry, but my response in post #13 should suffice.

[BykrBayb]

There is no Constitutional Right to commit murder. Terri has a Constitutional Right to life. Her religion forbids her to commit suicide. She would not commit suicide. She does not want to be murdered. The courts decided that she should be murdered because they decided that is her choice. The fact that it is not her choice was never considered.