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Appeals court ruling favors Terri Schiavo's parents
Boston Glob ^
| 1/13/04
| staff
Posted on 02/13/2004 8:43:19 AM PST by CFW
click here to read article
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1
posted on
02/13/2004 8:43:22 AM PST
by
CFW
To: CFW; luv2lurkhere; Budge; floriduh voter; summer; Coleus; amom; ruoflaw; submarine; ...
Thanks for posting this thread!
PRO LIFE PING
TERRI SCHIAVO PING! let me know if you want on/off this ping list
Catholic Ping - let me know if you want on/off this list
2
posted on
02/13/2004 8:47:34 AM PST
by
NYer
(Ad Jesum per Mariam)
To: CFW; GWB and GOP Man; cyn; Republic; TaxRelief; pc93; NYer; nickcarraway; msmagoo; kimmie7; ...
ping. Jeb won on appeal and so did Terri's Parents! Great news for www.terrisfight.org.
3
posted on
02/13/2004 8:50:00 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: CFW
It really annoys me, how the mainstream media insist on using language such as "keep her alive against her husband's wishes," which flips the problem on its head.
The real problem here is not "keeping her alive," but rather her husband's wish to kill her.
To: NYer
HERE'S THE LINK TO THE 2ND DCA OPINION.
http://www.2dca.org/february1304.htm
5
posted on
02/13/2004 8:51:42 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: CFW
Now THIS is good news!!
6
posted on
02/13/2004 8:52:01 AM PST
by
Leatherneck_MT
(Good night Chesty, wherever you may be.)
To: shhrubbery!
7
posted on
02/13/2004 8:53:09 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: NYer
Thanks for getting here to ping everyone so quickly. I posted the story as soon as I saw it.
This is indeed, GREAT NEWS!
8
posted on
02/13/2004 8:53:29 AM PST
by
CFW
To: Leatherneck_MT
Now THIS is good news!! Good news for the Schindlers! This makes it a Lucky Friday the 13th!
Huge cheer for Terri!!!
9
posted on
02/13/2004 8:53:54 AM PST
by
NYer
(Ad Jesum per Mariam)
To: CFW; RGSpincich; yonif; NotJustAnotherPrettyFace; joesnuffy; AnimalLover; cyn; pollywog; ...
BETTER LINK, BREAKING NEWS!
TERRI *PING*
10
posted on
02/13/2004 8:55:02 AM PST
by
EggsAckley
(...............TROLL PATROL...on duty.........................)
To: EggsAckley
Ok, fine. Than I will dance here instead! ^-^
Woo Hoo!
Let's Dance All!
Click for Music!
11
posted on
02/13/2004 8:56:59 AM PST
by
Calpernia
(http://members.cox.net/classicweb/Heroes/heroes.htm)
To: CFW; nicmarlo; cyn; pollywog; Pegita; FL_engineer; nickcarraway; kimmie7; tutstar; pc93; ...
"The 2nd District Court of Appeal ruled that Bush's attorneys will be allowed to question witnesses in the court battle over a law that gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had it removed in October." "The appeals court also ruled that Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied her parents, Robert and Mary Schindler, the ability to intervene in the constitutional challenge to the law."
"The appeals court ordered Baird to hold further proceedings on the issue."
Praise the Lord ping!
12
posted on
02/13/2004 9:01:11 AM PST
by
sweetliberty
(To have a right to do a thing is not at all the same as to be right in doing it.")
To: CFW
DAVIS, Judge. Robert and Mary Schindler, the parents of Theresa Marie Schiavo, challenge the trial courts order denying their motion to intervene in case number 03-008212-CI-20, which is pending in the circuit court in Pinellas County. Because the trialcourt failed to follow the rule that has been established for determining motions to intervene, we reverse.
After previous guardianship proceedings resulted in the determination that the Schindlers' daughter, Mrs. Schiavo, would have chosen to discontinue lifeprolonging procedures after remaining in a persistent vegetative state, Mrs. Schiavo's husband and court-appointed legal guardian of Mrs. Schiavo's person, Michael Schiavo, sought and obtained permission from the court to terminate life-prolonging procedures by withdrawing the hydration and nutrition tube that was sustaining Mrs. Schiavos life.
The tube was withdrawn on October 15, 2003. Six days later, on October 21, 2003, the Florida Legislature passed House Bill 35-E, which was enacted as chapter 2003-418, Laws of Florida, known popularly as "Terri's Law." This law allowed the Governor of the State of Florida, in certain situations, to issue a one-time stay and to order reinsertion of the hydration and nutrition tube. The Governor exercised this power and ordered reinsertion of the tube, which was accomplished soon after the Governors order. Mr. Schiavo, as guardian of Mrs. Schiavos person, then filed the action below, asking the trial court to declare chapter 2003-418 unconstitutional.
The Schindlers moved to intervene in this constitutional challenge,requesting permission to participate in the litigation as parties. Mr. Schiavo, as guardian of Mrs. Schiavos person, objected. The trial court denied the Schindlers' motion, finding that "there are no significant factual issues to be developed that might be impacted by their presence as a party." The order went on to suggest that any interest the Schindlers might have could be developed by their filing an amicus curiae brief.
However, under the now well-established rule authorizing intervention,which was originally adopted in Florida in Morgareidge v. Howey, 78 So. 14 (Fla. 1918), the movants potential impact on the factual issues to be developed is not determinative.
Rather, the trial court must find not only that the movant has an interest in the matter in litigation, but also that the movants interest is of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment. Id. at 15. The court explained: In other words, the interest must be that created by a claim to the demand in suit or some part thereof, or a claim to, or lien upon, the property or some part thereof, which is the subject of litigation." Id. In denying the Schindlers' motion to intervene, the trial court did not address either of the elements of the Morgareidge intervention rule. Although the order denying the Schindlers' subsequent motion for rehearing does use language that appears to acknowledge the Morgareidge rule by referring to the insufficiency of the Schindlers interest, that order does not explain why the Schindlers interest was insufficient pursuant to the above rule.
Because the court did not apply the rule set forth in Morgareidge when it denied the Schindlers motion to intervene, the order is reversed.
Reversed and remanded for further proceedings consistent with this opinion.
FULMER and WALLACE, JJ., Concur.
13
posted on
02/13/2004 9:01:15 AM PST
by
CFW
To: CFW
You just made my day!! Thank you for posting this wonderful news!!
14
posted on
02/13/2004 9:01:33 AM PST
by
trussell
(Troll Hunter Extraordinaire; New Charter member of the Troll Patrol...See EggsAckley for membership.)
To: Guenevere
*ping*
15
posted on
02/13/2004 9:01:46 AM PST
by
MozartLover
(Normal day, let me be aware of the treasure you are.)
To: Calpernia
Woo hoo is right! JEB WON HIS APPEAL AND THE SCHINDLERS WON THEIR'S. THIS WAS A DOUBLE VICTORY.
16
posted on
02/13/2004 9:05:23 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: NYer
Thanks for the ping!
To: MozartLover
JUDGE BAIRD AND JUDGE DEMERS HAVE PROBABLY LEFT EARLY FOR THE WEEKEND. They have no shame.
18
posted on
02/13/2004 9:06:35 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: CFW
Awesome news!
19
posted on
02/13/2004 9:06:38 AM PST
by
Krodg
To: sweetliberty
YES!! Keep praying everyone, I consider this a miracle in light of the history of this case.
20
posted on
02/13/2004 9:10:53 AM PST
by
Annie03
(donate at www.terrisfight.org)
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