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To: nicmarlo

OK- Lexinom was a good freeper and typed up the court ruling so here is the ruling from Judge Greer from March 7, 2005. It denies the Schindlers their appeal to feed Terri naturally should her feeding tube be removed. In other words, she is to be starved to death by judicial order.

IN THE CIRCUIT COURST FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
File No. 90-2908-GD-003

IN RE: THE GUARDIANSHIP OF
THERESA MARIE SCHIAVO,
Incapacitated.

MICHAEL SCHIAVO,
Petitioner,
Vs.

ROBERT SCHINDLER and MARY SCHINDLER,
Respondents.


ORDER

THIS CAUSE came before the Court for hearing on March 7, 2005 on Respondents' Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means after the assisted nutrition and hydration are discontinured. The Court heard the argument of Daniel C. Gibbs, III, Esq., for the Respondents, and of George J. Felos, Esq., foe the Petitioner.
Having also reviewed portions of declarations or affidavits of several doctors, which were submitted to the Court by Respondents, it has become clear that the motion is part and parcel of Respondents' Fla. R. Civ. P Rule 1.540(b)(5) motion of medical evaluations. The same declarations are being used for both motions and the motion appears to be an alternative pleading to the 1.540(b)(5) motion. Both are asking for an experimental procedure. The Court reasons that if the 1.540(b)(5) motion is granted, there is no need for this motion. If the 1/540(b)(5) motion is denied, the Court should not do indirectly what it has not done directly. It is therefore
ORDERED AND ADJUDGED that Respondents' Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means is DENIED.
DONE AND ORDERED in Clearwater, Pinellas County, Florida, this 8 day of March, 2005.

Signed George W. Greer
Circuit Judge

Copies to all lawyers


622 posted on 03/16/2005 8:48:53 PM PST by luv2ski
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To: luv2ski; Lexinom
Just to make it a bit clearer:

ORDERED AND ADJUDGED that Respondents' Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means is DENIED.

DONE AND ORDERED in Clearwater, Pinellas County, Florida, this 8 day of March, 2005.

Signed George W. Greer


625 posted on 03/16/2005 9:02:29 PM PST by nicmarlo
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