Second, the 11th Circuit was not required to conduct a de novo review - the District Court was required to conduct a de novo review of violations of Terri's Federal constitutional rights. Unfortunately, the hyperbole spewing lawyers decided to make their TRO motion about Greer's prior actions, which necessitates that those actions in the underlying case be the basis of the review. And the Federal case, by the very terms of Terri's law, did not involve de novo review of state law issues - it dealt only with deprivation of Federal constitutional rights - for some reason, it wasn't submitted to Whittemore on that basis.
A little honesty and accuracy would go a long, long way around here these days...
Read Wilson's dissent and the All Writs Act.
Okay fine, I didn't know the Circuit Court's rules and I got it wrong. Happy?
The Schindlers' lawyers SUCK.