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Husband Must Defend His Guardianship of Terri Schiavo
CNSNEWS.com ^ | 11/05/03 | Randy Hall

Posted on 11/05/2003 11:04:25 PM PST by kattracks

(CNSNews.com) - The husband of Terri Schindler Schiavo must respond to a petition filed by her parents to remove him as the legal guardian of the brain-damaged woman, a judge ruled Wednesday.

The decision by Florida Circuit Judge George Greer came as a surprise because the judge had denied three earlier requests by Terri's father and mother - Robert and Mary Schindler - to remove Michael Schiavo as his wife's guardian and appoint her father or sister in his place.

After a hearing on Wednesday, Greer rejected a request from Schiavo for the Schindlers' latest petition to be dismissed. That decision means Schiavo's attorneys must respond in court to the charges in the suit, which include:


Scott Swope, an attorney for Schiavo, called the ruling "unfortunate" and told the Associated Press that he will fight the petition. "(Michael) should remain her guardian because he has her best interests at heart," Swope said.

However, Patricia Anderson, attorney for the Schindlers, said she was pleased with the decision. "Schiavo has demonstrated through repeated and gross failures to comply with the law that he is incapable of discharging the duties of guardian," she stated.

Terri Schindler Schiavo suffered a brain injury under questionable circumstances in 1990. Her husband says he has been attempting to remove his wife's feeding tube in accordance with her wishes not to be kept alive artificially, but her family believes the 39-year-old woman's condition could improve with proper therapy and treatment.

The woman's feeding tube was removed on Oct. 15 by a court order sought by her husband. It was reconnected six days later, when the Florida legislature and Gov. Jeb Bush responded to calls from the Schindler family and the public by enacting Terri's Law, empowering the governor to intervene.

Last week, Michael Schiavo filed a suit challenging the constitutionality of that law. However, an attorney for the governor has asked another judge to dismiss Schiavo's lawsuit as invalid since it was filed in Pinellas County rather than Leon County, where Bush lives.

"The governor has the right to a home venue privilege," said Kenneth Connor, a lawyer representing Bush. "As you can imagine, this is not the only lawsuit brought against the governor, so if you wind up forcing the governor and the staff to trot all over the state, that winds up being an extraordinary consumption of state resources."

Connor denied that Bush is trying to avoid judicial review of Terri's Law, just insisting that proper procedure be followed first.

To view CNSNews.com's long-term coverage of the Terri Schindler Schiavo case, click here.

E-mail a news tip to Randy Hall.

Send a Letter to the Editor about this article.




TOPICS: Culture/Society; Extended News; News/Current Events
KEYWORDS: terrischiavo

1 posted on 11/05/2003 11:04:26 PM PST by kattracks
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To: kattracks
Prayers for Terri
2 posted on 11/05/2003 11:34:26 PM PST by Dajjal
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To: kattracks
Scott P. Swope
Member

E-Mail: sswope@swopelegal.com



Areas of Practice: Business & Commercial Law; Business Organizations; Estate Planning; Civil Litigation; Probate & Estate Administration; Consumer Law; Contract Negotiation and Preparation; Contract Litigation; Landlord and Tenant Law; Probate and Trust Litigation; Sale of Business Law; Shareholder Disputes; Wills & Trusts.

Bar Admissions: Florida, 1997, U.S. District Court Middle District of Florida, 1997

Education: University of Florida College of Law, Gainesville, FL, 1997, J.D., Honors: Top 15% of class; University of South Florida, Tampa, FL, USA, 1994, B.S., magma cum laude, Honors: Top 2% of class, Major: Finance

Member: Clearwater Bar Association (Director; Young Lawyer's Division, 1999-2001; Chair, Probate Committee, 2001-2002); The Florida Bar; Pinellas County Estate Planning Council.

Past Employment Positions: Pinellas County Sheriff's Office, Deputy Sheriff, 1988-1994; Pinellas County Sheriff's Office, Corporal; Pinellas County Sheriff's Office, Field Training Officer; Pinellas County Sheriff's Office, Traffic Homicide Investigator.

Published Works: Enforcing the 45-Day Payment Rule Against Recalcitrant PPO and Fee for Service Health Insurers, RES IPSA Loquitur-Clearwater Bar Association, May, 2000; Co-Author, Advisory Opinion No. 98-4: Why is Anyone Surprised?, Health Care Monthly, June,1998.

Specialized Training: Kinesic Interview and Interrogation Techniques; Certified RADAR Operator; Career Police Skills and Stress Resolution; Traffic Accident/Traffic Homicide Investigation; Advanced Traffic Accident Investigation; Certified Advanced Training in Traffic Homicide Investigation.

Birth Information: November 9, 1968, Trenton Michigan.

ISLN: 912510444
3 posted on 11/05/2003 11:41:15 PM PST by kcvl
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To: kattracks
Adultery is a misdemeanor in Florida.

Title XLVI
CRIMES
Chapter 798
ADULTERY; COHABITATION

798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

4 posted on 11/05/2003 11:41:46 PM PST by Looking for Diogenes
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To: kattracks
"The decision... came as a surprise..."

Not to me. Greer knows the entire country is watching him now. He also knows the legislature is willing to take further action if needed. As much as he'd like to see Terri dead, he wants to keep his job.

5 posted on 11/06/2003 12:16:33 AM PST by Bonaparte
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To: Looking for Diogenes
How can an unfit husband be a fit guardian?
6 posted on 11/06/2003 12:18:53 AM PST by Bonaparte
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To: kcvl
Scott Swope - one of Michael Schiavo's attorneys

Past Employment Positions: Pinellas County Sheriff's Office, Deputy Sheriff, 1988-1994

Verrry interesting

7 posted on 11/06/2003 1:28:28 AM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: kattracks
Now we will find out if MS have 3 childrens from TWO women ??

By the way, where is MS getting all the $$$ for the army of lawyers he have working for him..I count 3 so far. Is he getting outside help with $$$$ ??
8 posted on 11/06/2003 4:09:43 AM PST by Orlando (*** Dec. 3rd is Theresa M. SCHINDLER Birthday ***)
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To: Bonaparte
He also knows the legislature is willing to take further action if needed.

If that means impeach, perhaps by a slim chance. But Sen. King said he would BLOCK any revisions to Terri's Law that might be necessitated by court decisions. BAH!!!

9 posted on 11/06/2003 4:15:45 AM PST by drlevy88
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To: kattracks
Finally. I can't believe it's taken this long to get to this point.

Prayers sent to the Shindler Family.
10 posted on 11/06/2003 4:33:07 AM PST by GodBlessUSA
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To: kattracks
"(Michael) should remain her guardian because he has her best interests at heart," Swope said.

The sky is yellow, the moon landings were faked, and the Cubs won the World Series.

11 posted on 11/06/2003 4:47:01 AM PST by slimer ("The price good men pay for indifference to public affairs is to be ruled by evil men." - Plato)
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To: Orlando
By the way, where is MS getting all the $$$ for the army of lawyers he have working for him..I count 3 so far. Is he getting outside help with $$$$ ??

Terri's trust fund. Pretty cool, eh? Michael gets to use Terri's money to have her killed, but her parents have to use their own money to keep her alive.

12 posted on 11/06/2003 6:41:44 AM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: slimer
The sky is yellow, the moon landings were faked, and the Cubs won the World Series.

I guess the year must be 1908. The Cubs indeed won the World Series, and all moon landings to date had been faked (including the one in Méliès' Trip to the Moon). Not sure about the sky having been yellow that year.

13 posted on 11/06/2003 6:44:20 AM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: drlevy88
"But Sen. King said he would BLOCK any revisions to Terri's Law..."

Yes, he did. He also said he would block Terri's Law when the bill was first introduced. The Senator had to back down and the bill, as we know, passed. Public sentiment on this issue is stronger than King and his death culture allies. It's also stronger than Judge Greer. Governor Bush is not going to risk alienating his own constituency by throwing Terri Shiavo to the wolves. This is why he and the legislature were finally forced to take action. He knows this issue has taken on a life of its own and could define his governship.

14 posted on 11/06/2003 9:30:00 AM PST by Bonaparte
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To: drlevy88
governship -> governorship
15 posted on 11/06/2003 9:32:18 AM PST by Bonaparte
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To: lonevoice
>>Scott Swope - one of Michael Schiavo's attorneys

>>Past Employment Positions: Pinellas County Sheriff's Office, Deputy Sheriff, 1988-1994

Ok, fine, I'll say it...
We NOW know why the county LAW ENFORCEMENT looked the other
way on Terri's STRANGULATON evidence that night!
16 posted on 11/06/2003 8:48:21 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: kattracks
Sign this petition for Terri!

http://www.yourcatholicvoice.org/index.php?id=petition&petition=
17 posted on 11/07/2003 8:56:53 PM PST by Salvation (†With God all things are possible.†)
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