Terri's Fight - (Daily Thread/Updates) November 5 -7, 2003

He doesn't want to feed anything....but his EGO and his wallet!

Good Ole George says he's psysic. Guess he didn't see this coming.

Felos being a psychic is in the same league as Miss Cleo.

Hi could you ping this for me.

Operation Birthday Greeting: clelebrating the life of Terri Schindler.

DO you want to help? This is what I need you guys to do. If anyone knows business owners in the Clearwater, West Palm Beach florida area please contact me. Also I want to know if we could get a wheelchair delievered for a birthday gift from her supporters. I wasn't sure if anyone was working on this already.

Cindydawg has an idea of Birthday billboard, I am working on that still, I may have a lead, at least someone who is trying to ehlp me with a BIG billboard. Anyone else who has leads, please contact me.

Anyone who has contact with the vigil, please freepamil me. I have some ideas I have gathered from other freepers to have gifts delieverd to the hospice. How about a case of spoons, a wheechair ,a free trip somewhere for leaving the hospice.

Any ideas people have will be welcomed. Let's organize an event that the media will want to cover ,and put it out there. We are celebrationg the LIFE of Terri Schindler. Any one who has photos of a young Terri , plese contact me.. perhaps we could put a presentation together and apeal to Hannity to help us get this all on his program.

Please let me know.

A Woman's Life Versus an Inept Press (Nat Hentoff on Terri Schiavo)

ping

You may not be aware how close to home that Wildlands Project hits. Most of Maine is still privately owned, a rarity.

We own a sizeable chunk of North Maine Woods and have attracted the attention of the "land purchasers." They have bought up around us and have sought to buy from us. We will not sell. The ownership around us changed hands from a large lumber/paper company to a consortium of unknown origin, to a group of New York located lawyers, to Yale, the university. They could care less about the trees or the cuddly bears, but it is already apparent, they do not want us humans roaming around.

Clearly, they seek to fence off huge tracts of northern Maine as ostensibly a National Park, then maybe an UN biosphere, or such. Meanwhile much of the area is depopulating as lack of opportunity draws the youth further south.

We will not budge, but illegal as it may be we expect them to block our access to our own property. One day soon, we expect. To gain access even now, we must stop at a toll gate on the private road and purchase permission to traverse. They are very serious and most here do not believe how serious they are. But many are waking up.

The light is glaring down on those who think themselves illuminated now, a brightness they are not used to.

Satan is being unmasked, his ugliness for all to see.

God bless Terri for all she has suffered at the hands of evil.

Deo gratias

That's sharp of you to catch that. Very interesting also..

Well his ego took a hit yesterday. I'll bet he nearly peed his pants when his lawyer explained what's actually happening in these lawsuits that was filed and how the tables have been turned.

My psysic powers tell me that the attorney better cover his own butt and throw MS to the wolves.

This lawyer has now got to take this case outta Pinellas County and into a county where Bush's buddies are.

Me thinks he may get slapped away from the table before the biscuits get's passed if he don't mind his manners.

Those are spooky images, Orlando. I guess we need to be in constant prayer, have faith, and know that God is in charge. One of my prayers is that those who have 'walked in great darkness will see a great light' http://www.blueletterbible.org/tsk_b/Mat/4/16.html . God does want all to be saved. Being joint-heirs with Christ gives great comfort to me, so here's praying for the heathens, that for their own sakes they will repent, and for Terri's sake (and all like her), that they may be given back their God-given right to life.: http://www.blueletterbible.org/tsk_b/Psa/2/8.html

Act 26:18 To open their eyes, [and] to turn [them] from darkness to light, and [from] the power of Satan unto God, that they may receive forgiveness of sins, and inheritance among them which are sanctified by faith that is in me.
http://www.blueletterbible.org/tsk_b/Act/26/18.html

1Jo 1:9 If we confess our sins, he is faithful and just to forgive us [our] sins, and to cleanse us from all unrighteousness.

Keeeeyikes! That is one of the iciest letters I have ever seen. George had been get busy, start performing over his manly duties and throw away that blasted vibrator. It's the only hope of curing either of them.

And guess what? Felos' wife is just a wierd and demented as he is!! That's for sure. The whole story is about how her dad blamed his dad and his family for everything that went wrong in his life. Then she proceeds to write this nasty stroy about her father that he couldn't let go of the pain, so that's why he ends up dying a slow agonizing death. It sounds like she can't stop blaming her dad for her life. She goes on and on about how he suffered like she enjoyed her revenge on someone she didn't like. She is just plain nasty.

I understand what you're saying. I've been watching this run-away freight train for a while myself. I'm watching it take root in my own neck of the woods, and most are still oblivious. But I think you are right. The mask is coming off and a lot of people are starting to wake up from their slumber. There are a lot of property rights groups out there. One I particularly like in your neck of the woods is Carol LaGrasse's Property Rights Foundation of America http://www.prfamerica.org . I recommend her site highly. I also recommend highly Michael Coffman in Bangor, ME. http://www.discerningtoday.org/wildlands_map_of_us.htm . He teams up with Henry Lamb at sovereignty.org.

OH, OH. I hadn't been to Carol LaGrasse's site in awhile. She does not paint a pretty picture for Maine. This is quite scary. You have my sympathies. I hope you won't give up. Sometimes things have to get very bad before they get better, and with God, all things are possible. Witness Terri.

http://www.prfamerica.org/Rural-Cleansing-Maine.html

And Bill Clinton did not have sex with that woman!!!!

MCD

Oh PS proud member of the GODSQUAD!!!!

MCD

Hmm. I was just reading that link I gave you, and noticed Susan Collins' name. I started on these Terri threads pointing out that the Rockefeller name is very big behind ALL of this stuff destroying this country, including the landgrabs and Population Control. Here's a link I posted a few weeks ago linking Collins, Rockefeller, and Euthanasia (under the guise of 'helping' end-of-life.):

STATEMENT OF SENATOR SUSAN M. COLLINS
SPECIAL COMMITTEE ON AGING
"THE END OF LIFE: IMPROVING CARE, EASING PAIN AND HELPING FAMILIES"
JULY 17, 2000
http://aging.senate.gov/events/hr54sc.htm

Did someone post that yet, or did you still want someone to. Why don't you post it? I've been out this afternoon and just got home.

Ah, but of course. :) How thoughtful of Michael to protect Terri by screening her mail and weeding out 'spam.'

I think I will have to send twice as much, then! Hope she gets at least one Birthday card of the many sent.

FYI ping....sorry it's so long, but I tried and tried to cut more out...this is as short as I could get it.

______________________________________________________

Disclaimer: I am not an attorney and am not giving legal advice. I "translated" legal mumbo jumbo into simpler "layman's" terms, as much as possible; in the process, there may be incorrect/incomplete information, but it was not done intentionally. And if so, I hope some legal eagles out there will rectify any errors and/or make clarifications where needed.

________________________________________________________

[Governor Bush's] Motion to Dismiss Petition for Declaratory Judgment and Request for Temporary Injunction and Suggestion of Contemplated Error

Pg. 1

MS's Petition should be dismissed because:

1) proper service on the Governor was not had [this is critical], therefore, this Court lacks personal jurisdiction over Gov. Bush;

[note: proper service of someone varies in states, but generally, each Respondent must be personally served the Complaint/Petition. If a company/corporation, then it must be served on the designated legal representative, as on file with the Secretary of State. Sending it by fax may not be proper service depending upon the state in question (in NY, facsimile is unacceptable service if the law firm states on its letterhead that it doesn't accept service by facsimile). (Please note: these are very simplistic explanations...there are other requirements about proper service depending upon the state's rules.) 2) the Petition fails to state a cause of action for declaratory judgment and fails to comply with the requirements of Rules.....("fails to state a cause of action" is usually one of the "defenses" put in many legal documents....ask a lawyer about why they say this all the time! : )

Pg. 2

3) the Petition is relying upon "legal conclusions" and "facts" from a different case, one to which Gov. Bush was not a party (i.e., neither a defendant nor a plaintiff). Because Bush wasn't a party in the other case, he's never been given the opportunity to check out the "legal conclusions" or these "borrowed facts," which are before this Court.

4) MS's request for temporary injunction [to withhold food] is moot (no longer necessary/obsolete).

5) Pinellas County is not the right place to have filed the Petition because of Bush's position as an elected official, i.e., Governor.

The Petitioner has made a constitutional challenge to this law, and that challenge will be answered. However, there are certain rules that must be followed when someone files a lawsuit, and those rules were not properly followed in this Petition.

[The next 11 pages expound on the 5 preceding arguments.]

Pg. 3

I. This Court Lacks Personal Jurisdiction Over Respondent.

When MS filed his Petition in this case to challenge the constitutionality of Terri's Law, he was supposed to properly serve the Respondent [Gov. Bush] according to Florida Law and Florida Rules of Civil Procedure. He did not do this. Consequently, he has denied Gov. Bush his basic right to due process under the law.

Pg. 4

Additionally, since Governor Bush is named as a Respondent in litigation regarding the Florida Constitution and its Laws, due process is even more important because he is not defending himself, personally, rather, he is defending laws enacted by elected officials of the State of Florida and the constitutional authority to act.

Pg. 5

Since the Governor has not been properly served, then the Judge's recent order that the Governor "file written briefs within five days" is void.

II. Petitioner's Disregard of Service of Process Requirements Has the Effect of Rendering Useless Those Rules of Civil Procedure Which Relate to the "Timing" of Motions, Hearings, and Responsive Pleadings.

Until a Respondent is properly served, the timetables set (from personal jurisdiction, to calculating deadlines for actions to be taken, to legal documents to be filed) within the Rules cannot operate.

Pg. 6

Examples:

1. If the Gov. hasn't been properly served the Complaint/Petition (hence, no "service date"), from what date do you determine when he's to respond? (You can't.)

2. Without a response, then the action is not "at issue." Also, when an action is "at issue," that's how it is determined when to make notice for trial.

3. Without a response, no party can ask for judgment on the legal documents filed (pleadings).

4. Without a service date, you can't determine a timetable for when discovery (i.e., all the evidence you want to gather and witnesses you want to ask questions to help you defend your case) must be completed.

5. Without proper service, you can't set deadlines for the filing of motions (summary judgment). [summary judgment motions: a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.]

With the above deadlines in mind, MS is asking the Court to issue an Order that would be proper (and legal) only after: proper service has been effected, all pleadings have been filed, and discovery completed. Alternatively, one could say what MS is filing with the Court is a "motion for judgment on the pleadings," but, according to those slippery Rules again, you can't do that until "all the pleadings are closed." How can the pleadings be closed when Gov. Bush hasn't even filed a response? And how can he file a response until he's been properly served? Since the Governor hasn't been properly served, this Court has no personal jurisdiction over him and the Petition should be dismissed.

Pg. 7

III. The Temporary Injunction Motion is Moot, and that Portion of the Order Directing Respondent to Brief His Position on the Issues is a Nullity.

Gov. Bush has not been properly served. MS served Bush's Assistant General Counsel, Christa Calamas, by faxing a copy on 10/21/03, along with a Notice of Hearing to be held that same day. "SERVICE BY FACSIMILE OF A NOTICE OF HEARING ON A LAWYER IS NOT THE SAME AS SERVICE OF PROCESS ON A PARTY." [emphasis mine]

The Court, thereafter, entered an Order on 10/22/03, directing the parties to "submit legal memoranda on the issues." But because of defective service, the Court has no authority over the Governor that requires him to submit to this Court or reply to anything in this matter.

The Court also issued an Order that the "Governor, his officers, agents, servants, employees, attorneys," etc., are "enjoined" from "instituting or attempting or causing to be instituted, the resumption of [Terri's] feeding or hydration" . . .

However, that Order is moot in that Terri began being fed the day before this Court's Order; and because "this Court lacks authority to grant relief beyond that which was requested in the Petition," you can't pull out the tubes that are now feeding her.

Pg. 8

IV. The Petition Fails to Conform to the Procedural Requirements of the Florida Rules of Civil Procedure Regulating Pleadings and Injunctive Relief.

Circuit Courts must follow certain rules when issuing injunctive relief [a court-ordered act or prohibition against an act or condition which has been requested in a petition to the court] to a party. When a petitioner (here MS) seeks this kind of relief, the judge has to see if the petitioner has established the following things:

i) the likelihood of irreparable harm;
ii) the unavailability of an adequate remedy at law;
iii) the substantial likelihood of success on the merits;
iv) whether the threatened injury to petitioner outweighs any possible harm to the respondent; and
v) whether the granting of the relief will work in the interest of the public.

The Court had already decided there was no emergency, so Petitioner already can't establish numbers i) and ii) above.

Secondly, the petitioner is supposed to give proper notice to their adversary, who then has the right to object. But that didn't happen here. So, what the petitioner was really doing was "seeking an ex parte injunction" (going behind the back of the adversary [Bush] to get a ruling against him out of the judge) which is okay under Rule (1.610(a)(1)(A). But MS failed to follow the procedures of that Rule, and that was "fatal" to his motion. The Rule says you can get a "temporary injunction without notice to the adverse party" only if MS did the following things:

Pg. 9:

i) limit his evidentiary showing to affidavits or facts contained in a verified pleading (this is a document that would be sworn to under oath and signed by MS);
ii) include a verified statement (another document sworn to under oath) explaining why the injunction should be granted before the adverse party can be heard in opposition; and
iii) include a certification of MS's counsel explaining what efforts were made to give notice to the adverse party.

MS "failed to comply with each of the aforementioned requirements."

There are two ways MS could have sought a temporary injunction. The first is the ex parte method described above; the second is to serve the defendants the Petition and the Notice of Hearing. "Under this method, each party appears at the hearing and is permitted to introduce evidence. . . the Court conducts a mini-trial on the merits of the motion for injunctive relief." MS didn't follow either of these procedures. Instead, he made up his own procedure by filing an unverified petition and notifying the Governor only hours before the hearing. MS didn't give the Governor any opportunity to gather any evidence. This is contrary to the Rules and due process and should not be tolerated by this Court, especially under these circumstances....

Despite knowing these defects, the Court tried to help the Petitioner out by giving the parties an "opportunity to ‘brief' their positions." The proper thing to have done would have been to have the Petitioner, or the Court sua sponte (on its own accord), set this matter for evidentiary hearing.

Pg. 10:

Additionally, MS relied upon "legal conclusions rather than ‘ultimate facts' as required" by the Rules.

V. Suggestion of Contemplated Error: Neither the Court Nor Petitioner Can Bypass Respondents' Right to Take Discovery and to Have a Jury Resolve All Issues of Disputed Facts, Nor Can Petitioner Merely Rely on Former Testimony Given in Another Proceeding As a Substitute for Evidence in the Current Proceeding.

"It would appear that by the Court's directives to the parties to brief their respective position, the Court intends to treat the Petitioner's abated and moot injunction motion as a motion for summary judgment." Also, it is evident from MS's petition that he intends to claim that "facts" from proceedings that Gov. Bush was not a party should be treated as accepted "facts" rather than "hearsay facts" in this proceeding, all contrary to the Rules of Civil Procedure. The Rules require that MS show that "there is no genuine issue of any material fact." [This means, very basically, that there must not be any significant facts that can be disputed, i.e., chickens lay eggs, dogs have puppies--it's a plain and undisputed fact.] When there is no genuine issue of any material fact, then MS would be entitled to judgment in his favor.

"Perhaps even more troubling, is that it appears from the Court's recent orders that the Court is inclined to resolve the issues in the Petition without permitting [Gov. Bush] to engage in any discovery and without affording him the right to a jury trial or evidentiary hearing to resolve issues of fact. If the Court decides to proceed in this fashion summarily, the Governor suggests that such action would be error."

[IMHO, this is a very strong condemnation of what the Court appears to be setting in place--refusing to allow Gov. Bush to gather evidence, talk to witnesses, have a jury trial or an evidentiary hearing to resolve factual issues. Judges cannot decide issues of fact, that is for a jury to decide. Judges decide issues of law. IMO, Bush's attorney is telling the judge "you're setting yourself up for an appeal, and you'll lose".]

Pg. 11:

Although the Governor hasn't decided how he'll respond, especially since he hasn't been served, he is not waiving his rights, either.

As far as the "hearsay facts" that have been brought into the current proceedings, this is improper. Gov. Bush was not a party in the proceedings from which these "facts" were borrowed. "Mere naked allegations of fact are insufficient to support an "as applied" constitutional challenge." [When you are challenging the Constituion, you've got to do more than make statements and allege that those statements are facts.]

For argument's sake, assuming the Court even has personal jurisdiction over Gov. Bush, or that the injunction requested wasn't already moot, Gov. Bush still wouldn't be able to comply with this Court's order to file a brief because Gov. Bush has had no time to conduct any discovery. And unless Gov. Bush waives his rights, this Court must hold an evidentiary hearing so that factual disputes can be resolved.

Pg. 12:

Gov. Bush also objects to "what appears to be the Court's intention to preclude all forms of discovery and enter summary judgment in contravention of the Rules." Look Judge, you can't do what you're trying to do here. You are saying you "anticipate that, other than the pleadings filed by [MS and Gov. Bush]," you're only going to look at the legal briefs and that will be your sole basis in making your decisions. You can't do this--there's Rules to follow.

Gov. Bush is very concerned about this lack of due process you are affording him. Your recent Order denying Schindler's Motion to Intervene exacerbates his concerns, because you said the same thing about just looking at the pleadings and the briefs to make your decision/ruling.

After Gov. Bush is properly served, and the proper procedures have been followed, he will make a decision as to whether or not he should assert his right to gather evidence and have an evidentiary hearing. But until that happens and "the Court acquires jurisdiction, everything else is premature."