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March 16, 2005

2nd DCA Denies DCF Motion for Stay

Topics: Legal affairs

http://www.2dca.org/schiavo/order.pdf

On March 14, 2005, the Florida Department of Children and Family Services filed both a notice of appeal and a petition for writ of certiorari seeking review of a circuit court order of March 10, 2005. This court has determined that this order is an appealable order and will proceed as a final appeal pursuant to Florida Rule of Appellate Procedure 9.110(a)(2).

The Department's emergency motion for order expediting review and staying and/or enjoining removal of nutrition and hydration is granted in part and denied in part.

The motion to expedite is granted. This proceeding will be expedited and no formal record will be required from the circuit court clerk. The parties shall provide record with appendices as is undertaken in nonfinal and specified final appeals pursuant to Florida Rule of Appellate Procedure 9.130. Briefing will be expedited and the initial brief shall be filed by March 23, 2005; the answer brief shall be filed by March 28, 2005; and the reply brief shall be filed by March 31, 2005. Service of briefs must be accomplished by hand-delivery or facsimile transmission and must occur before filing with the court.
The Department's motion for order staying and/or enjoining removal of
nutrition and hydration is denied.

Update: more from Newsday - A state appeals court refused Wednesday to block removal of Terri Schiavo's feeding tube, shifting focus to the Legislature in the right-to-die battle between the brain-damaged woman's husband and her parents.

Posted by tim at March 16, 2005 12:17 PM


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Tracked on March 16, 2005 3:08 PM

Comments

To anyone who understands legal proceedings in Florida, Does this mean she will have her feeding tube removed on the 18th and if the legal paperwork succeeds by the 31st and she is still alive they can re-connect ? I'm confused. Send any response to pessimiistic@yahoo.com.

Posted by: Dennis Baker at March 16, 2005 1:24 PM

could somebody explain this to me also ?

I'm also confused.

Posted by: lance koontz at March 16, 2005 1:37 PM

While the court granted an expedited review of the appeal, it denied the request to stop Michael Schiavo from starving his wife this Friday. Therefore, Terri's life remains in immediate danger.

Posted by: tim at March 16, 2005 1:55 PM

It's appears they're gonna asses the legality of the process and whether Michael has any culpibility in her situation *after she's dead and cremated*.

Geniuses I really think this world has become insane. There's no way to explain our courts' fixation with process and procedure over morality and ethics except to say that they've lost their collective mind.

Posted by: Ceci at March 16, 2005 1:57 PM

Hey, no mention is made here of the motion to feed Terri by mouth. Since the appeals court is sticking with the the withdrawal of her feeding tube, are they planning to over-rule Greer's (illegal) denial of feeding her by mouth?

Wouldn't that be a kick - every mouthful she swallows would be proof she wants to live. If she's then eating normally, we'd have 'till Christmas ... any Christmas... to put dear hubby in jail for trying to defraud the State of Florida into committing his murder for him. And ya know, I'd love to see Greer in jail too, for his illegal refusal of feeding her by mouth. Why not? He'd indeed be jailed for doing the same thing to his dog.

Posted by: Suzanne. at March 16, 2005 2:14 PM