This is a land of judges, who make up "law" as they go, in order to enact a social revolution by fiat. Sometimes issue ultimata to legislatures ordering them to pass the laws they demand, but usually they issue ex cathedra decisions taking the power to legislate away from the representatives of the people.
The technical term for that is "judicial tyranny". Don't pretend it's a rule of law. It's a rule of dictators with law degrees wearing black robes, that's all.
Which judge "made up" Florida Statute 765.404, under which Michael Schiavo was given the power to do exactly what is occurring? If you see a problem here, the problem is with the Florida legislature, not with Judge Greer.