(Florida State Supreme Court) Order Dismissing for Lack of Jurisdiction

Florida Supreme Court ^ | March 21, 2005

[bd476]

Supreme Court of Florida

MONDAY, MARCH 21, 2005
CASE NO.: SC05-460


COMMITTEE ON GOVERNMENT REFORM
OF THE U.S. HOUSE OF
REPRESENTATIVES vs. MICHAEL SCHIAVO, ET AL.

___________________________________________________________________
Petitioner(s) Respondent(s)

The petition to invoke all writs jurisdiction is dismissed for lack of jurisdiction because there is no independent basis alleged to invoke the jurisdiction of this Court.

A True Copy

Test:

kd Served:

KERRY W. KIRCHER
GERALDINE R. GENNET
DAVID PLOTINSKY
DAVID CHARLES GIBBS, III
GEORGE J. FELOS
DEBORAH BUSHNELL

[Earthdweller]

Me too..if Terri dies I will never set foot on Florida soil again.

[Mo1]

I'm sorry Mo1. Sure didn't mean to upset anyone.

It's ok, I'm not upset .. I was just in a state of confusion

Which is not unusual for me .. *L*

[newzjunkey]

How can anyone snub Congressional subpoena power. Isn't it absolute?

[Don'tMessWithTexas]

So the FL district court does not at this point stand in comptempt of the congressional subpoena. Rather, the court merely denied their intervention. Congress is currently appealing that ruling. By going to the Florida Supremes on the writs, Congress made what was essentially an interlocutory appeal to the Florida Supremes in an effort to do an "end run" of the Florida Appellate court, at least until they had made a final ruling.

By denying that interlocutory appeal, the matter of intervention is stuck in the Florida Appellate Court and there is no other avenue, at least in the Florida state courts, to get reinsertion of the tube, as the matter awaits appellate review.

In the meantime, the subpoenas have been served and could still be enforced on March 25th. The problem with that is that the tube will have been out one week. This means that the decision of the federal judge will determine whether there is any reinsertion between now and the 25th.

[Future Useless Eater]

So ARE Greer, Schiavo, and hospice in Contempt of Congress or not?

Seems to me THAT was one possible remedy to today's standoff, a perfect excuse to send in the marshalls since all of them
(Greer/Schiavo/hospice) conspired to ignore the Congressonal subpoenas, and yank the tube.

[Don'tMessWithTexas]

Based on Midwestguy's analysis of the legal situation, no contempt situation exists until the effective date of the subpoenas passes, March 25th. The attempt by Congress to intervene in the guardianship matter was an attempt to have the feeding tube reinserted pending the effective date of those subpoenas.

[Bubbatuck]

I don't think so. This is from the Florida Supreme Court, not the federal judge.

[tutstar]

poing

[l.tecolote]

> Based on Midwestguy's analysis of the legal situation, no contempt situation exists until the effective date of the subpoenas passes, March 25th.

Part of the subpoena conditions are that the subpoenaed witness(es) be protected from injury or harm. The longer Terri goes without a feeding tube, she is being harmed which is obviously a source of potential contempt.

[Rightwing Conspiratr1]

Can't we get Al Sharpton to file suit in the World Court at the Hague?

[OPS4]

http://www.freerepublic.com/focus/f-religion/1367796/posts
Pray for Terri Schiavo.
Ops4 God BLess America!

[Smartaleck]

"It means that the judge is directly defying an act of Congress which explicitly extended jurisdiction."

How so?
http://news.findlaw.com/hdocs/docs/schiavo/bill31905.html

[Smartaleck]

"Whatever it is, it appears to be stale as it were. I guess there were some more dangling participles as silly as the subpoena thingie. The foreplay is over. We are now down to brass tacks."

Kinda like getting ones panties in a wad over nothing?

[thoughtomator]

I made an error, see the followup comments. I thought it was a different court.

[null and void]

Me too...

[null and void]

Based on Midwestguy's analysis of the legal situation, no contempt situation exists until the effective date of the subpoenas passes, March 25th. Good Friday...

[onyx]

You too?
Oh, OK! LOL