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March 8, 2005

Schindlers File Appeal to the 2nd District Court of Appeals

Topics: Legal affairs

On February 25, 2005, Judge Greer denied a motion for an emergency stay filed by the Schindler family of his February 11, 2000 order to remove nutrition and hydration from Terri Schiavo. Yesterday, March 7, 2005, the Schindlers filed an appeal to the 2nd District Court of Appeals. A summary of their argument follows:

The trial court committed both state and federal constitutional error when it refused to void its February 11, 2000 order authorizing, as the Ward’s proxy, the discontinuance of Mrs. Schiavo’s assisted feeding.

The judge’s participation as the Ward’s “proxy” denied the appellants and the Ward due process of law as guaranteed by the Florida Constitution, Article I/9 and the United States Constitution, amendment XIV.

The judge’s participation as the Ward’s “Proxy” denied both the appellants and the Ward the most rudimentary elements of due process of law, including notice and an opportunity to be heard, the right of access to the court, the right to effective representation of her personal interests and the right to representation by counsel having no loyalty to the interests of any other party.

The judge’s participation as the Ward’s “proxy” denied Terri Schiavo her right to privacy under Art I/23 of the Florida Constitution.

The judge’s encroachment upon legislative powers denied the appellants and the Ward due process of law as guaranteed by the Fourteenth Amendment to the United States Constitution.

The trial court committed both state and federal constitutional error when it refused to void its February 11, 2000 order because Mrs. Schiavo was denied a full and fair opportunity to defend her right to privacy under the Florida Constitution.

Mrs. Schiavo was denied her right to privacy by noncompliance with the specific provisions of Florida Statute 744.3215(1)(k), (l), (n) and (o) relating to procedural due process.

Mrs. Schiavo was denied her rights under Florida Statute 744.3725(1).

The trial court erred by not holding that Mrs. Schiavo was denied her Florida Constitution Article 1/9 and United States Constitution amendment XIV rights to representation of her interests by independent counsel.

See www.terrisfight.org for more information.

Posted by tim at March 8, 2005 5:44 AM


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