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Ah, you read it wrong. You read it as if there was a comma in front of the "and". There isn't one:
BREAKING NEWS Florida judge denies petition by the state and Gov. Jeb Bush to take custody of Terri Schiavo. Details soon.

the Fox graphic on the screen says.....WAiting for judge's decision.....i guess they werent told the "surprising" news

I don't see a likelihood for success in Governor Bush's petition. I guess he could continue to appeal at the state level, but...depending on who you listen to, death for Mrs. Schiavo is either imminent (i.e., within a day or two) or she could go on for a couple of weeks. Either way, doesn't look like there will be enough time.

DISCUSSION I. Authority To Issue Executive Order The governor of the State of Florida possesses authority under the Florida Constitution, Article IV, Section 1(a), to see that the laws are faithfully executed. Section 943.04 authorizes the governor, upon written order, to direct the Department of Criminal Justice Investigations and Forensic Science ("Department") to "investigate violations of any of the criminal laws of the state." In Thompson v. State, 342 So.2d 52 (Fla. 1976), the Florida Supreme Court upheld the authority given to the governor under Section 943.04, saying "[t]he power to see that laws are faithfully executed, which is essentially what Chapter 943 is designed to achieve, derives from Article IV, Section 1(a) of the Florida Constitution." Thompson at 55. The brief filed by the Governor in the Middle District of Florida sets forth significant reasons to believe that Section 782.02 is being violated because "Terri’s right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as a wish not to be fed at all. The state has an ‘unqualified’ interest in life." Brief at 5. Moreover, Terri is being denied oral sustenance, which creates "an unnecessary conflict with Florida Statutory law by implying that physicians may cooperate with a person’s alleged express wish not to feed herself . . . ." Id. at p. 6. A denial of Terri’s right to life under these circumstances, it appears, results in a violation of Section 782.08. The laws of the State of Florida, then, as set forth in the Governor’s brief, are not being faithfully executed. The authority of the governor to issue an executive order in this case is consonant with his duty to see that the laws are faithfully executed. II. An Executive Order Does Not Impugn the Authority of the Court The trial court order merely authorized Terri’s husband to direct that oral sustenance be denied her. An executive order that orders an investigation in this matter, with the concomitant appropriate actions that would be taken if a violation of Section 782.08 is found, does nothing to impugn the authority of the court. The executive order would ultimately operate only upon the husband’s decision which he is merely permitted to make. It is interference with private discretion, not with judicial authority. If the consequences of the husband’s exercise of discretion are determined to result in the unlawful taking of life, it is entirely appropriate that such actions be interdicted by law enforcement at the direction of the governor.

On another thread Judge Whitamore says he needs brief by 3:00.

We live in a nation under the dicatorship of judges...