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Terri's Fight - (Daily Thread/Updates) November 8 -10
Various | November 7, 2003 | sweetliberty

Posted on 11/07/2003 7:54:47 PM PST by sweetliberty

TERRI'S FIGHT
(Thread 6 - November 8-10, 2003)
(Link back to thread 5 - Nov. 5-7)

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Contained in Thread 4:

Link to article on Michael Schiavo from hometown newspaper, information on death by starvation and dehydration, information on hospice eligibility and hospice and medicare/medicaid fraud, e-mail address for Judge Greer, transcript of Larry King Live interview with Michael Schiavo and George Felos, Terri's address at the hospice and the address for the foundation, to send cards for Terri's birthday (December 3), transcript of O'Reilly interview with Kate Adamson, e-mail addresses for Florida legislature, transcript of Abrams Report interview with George Felos and Pam Anderson, transcription of Terri's bone scan, legalese for dummies version of Gov. Bush's motion to dismiss Sciavo's suit against the Constitutionality of Terri's Law, link to FatherOfLiberty's research on HBOT (Hyperbaric Oxygen Therapy), links to ACLJ involvement in Schiavo case and Father Rob Johansen's daily update.

There are four other relevant posts that I want to highlight here in case anyone missed them or didn't get pinged. These are a general Terri thread troll alert, an especially thoughtful post about the sincere effort that FReepers are making in Terri's behalf, the Father's Love Letter , and remarks made by Jim Robinson on this issue and reposted here by lonevoice.

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Click on pic for Terri's website

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This thread serves as a place for posting all new general information and references, along with links following Terri's case, plus information on cable news and talk radio shows dealing with the issue, court cases and press releases. This is also the place to post contact information, prayers and general discussion.

If you have something that qualifies as BREAKING NEWS or FRONT PAGE NEWS, please post it on a separate thread in that category in order to give it maximum exposure and then post a link to the article/thread here so that it will be included in the next update of links. Also, if you post links to articles from original sources and there is also a thread on FR, please link to the FR thread. Many original links become corrupt over time and we want to be able to access the information at will.

There was a tremendous amount of information posted on the previous thread. For anyone who hasn't been following the daily threads, links to relevant posts and information from the previous thread are contained in the body of the present one. I have found that very helpful in trying to find something later. You people are doing a spectacular job of getting information out and also in helping to keep all of us updated here. What a great joint effort. This fight, to me, illustrates beautifully what Free Republic is about and what it means to be a FReeper. Way to go FRiends. Keep up the good work!

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Latest threads On Terri's Case

Pro-Life Group Questions 'Quality of Life' Premise in Schiavo Case

Judge Lets Parents Challenge Custody of Terri Schiavo

Dean blasts governor over Schiavo case

Husband Must Defend His Guardianship of Terri Schiavo

Judge Bans Terri Schiavo's Parents From Legal Battle

Dean 'Appalled' That Florida Lawmakers Saved Schiavo

A Woman's Life Versus an Inept Press (Nat Hentoff on Terri Schiavo

Terri Schiavo Case: Gov. Bush Asks To Meet New Guardian

Terri Schiavo Case: Creditable Witnesses & the 1st Guardian

Judge Rejects Bush Effort in Schiavo Case

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TOPICS: Activism/Chapters; Government; News/Current Events; US: Florida
KEYWORDS: attorneyfromhell; buttout; daily; euthanasia; florida; forcesofevil; georgefelos; guardianfromhell; hino; merchantsofdeath; michaelschiavo; righttolife; schiavo; schiavothread; schindler; terri; terrischiavo; terrischindler
Navigation: use the links below to view more comments.
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To: lonevoice
bump
1,201 posted on 11/10/2003 1:07:43 PM PST by pickyourpoison
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To: TaxRelief
Is he hearing voices? (Schizophrenia)

Hmmmm, wonder whether he's ever had a mental health checkup?
1,202 posted on 11/10/2003 1:22:46 PM PST by iowamomforfreedom (Why is it illegal to starve an animal but not a human being?)
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To: daylate-dollarshort; T'wit; sweetliberty; Mo1; pickyourpoison; Budge; Pegita; cyn; Ladysmith; ...
FACT: March 7, 2000 – Judge Greer denies petition to perform a swallowing test to see if Terri has the ability to swallow.

FACT: April 26, 2001 – Attorneys Anderson and Eckert presented the Cyndi Brasher Shook new findings to Judge Greer that Schiavo had perjured himself at Terri's, January 2000 trial. Judge Greer refused to hear the new evidence because it was presented after one-year time constraints. Terri had not had any nutrition for 48 hours.

FACT: June 8, 2001 – Michael Schiavo was issued a deposition subpoena. On two separate occasions the subpoena servers could not locate Schiavo. He and his fiancée had vacated their residence, their whereabouts were unknown.

FACT: June 14, 2001 – At the 11th hour, Schiavo’s attorney gave notice Schiavo would not be available for his scheduled deposition.

FACT: August 7, 2001 – Judge Greer ignored all the evidence presented to him and ordered to have Terri's feeding stopped on August 28, 2001. In his written court order, he admitted he did not read six of the seven doctor's affidavits.

FACT: September 26, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing." The core of the appeal is that Judge Greer did not follow the Appellate Court's July 11, 2001 instructions. Judge Greer admitted he ignored the doctors sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial. Rather, Judge Greer ordered Terri's feeding to be withdrawn on Oct. 9.

FACT: October 17, 2001 – The Appellate Court issued a ruling, which will allow five doctors to examine Terri. The court's decision authorizes the doctors to only conduct diagnostic tests [RATHER THAN A FULL MEDICAL EXAMINATION] in order to determine if Terri's condition can be treated.

FACT: Mrs. Schiavo's former friend, Diane Meyer, recalled watching a movie about Quinlan in the summer of 1982 after they graduated high school. "I remember one of the things she said is, "How did they know she would want this? How did they know she wouldn't want to go on?"' Meyer testified. Circuit Judge George Greer later ruled that Mrs. Schiavo's feeding tube could be removed. The judge said he was persuaded by testimony by Michael Schiavo. He said that testimony, combined with statements of other family members, was "clear and convincing evidence." He discounted things Mrs. Schiavo might have said as a child about Quinlan.

FACT: Article dated November 10, 2003: "For a few years, her family and husband, Michael, worked toward recovery. Then,he changed his mind. It was hopeless, he contended. She would not have wanted to live like this.

FACT: Read it again. HE changed his mind. So much for his preposterous, self-interested lie that she said she wanted to die. Michael made it up. His ENTIRE case for trying to kill her rests on this lie.

--------------------------------------

CONCLUSION OF "JUDGE" GREER: "Viewing all of the evidence as a whole, and acknowledging that medicine is not a precise science, the court finds that the credible evidence overwhelmingly supports the view that Terry Schiavo remains in a persistent vegetative state."

ORDERED AND ADJUDGED that Michael Schiavo, as Guardian of the Person of Theresa Marie Schiavo, shall withdraw or cause to be withdrawn the ARTIFICIAL LIFE-SUPPORT [in this case FOOD].

------------------------------------

FOOD: material consisting essentially of protein, carbohydrate, and fat used in the body of an organism to sustain growth, repair, and vital processes and to furnish energy; also : such food together with supplementary substances (as minerals, vitamins, and condiments).

------------------------------------

FACT: CLEVELAND, March 13, 2003 - Nearly eight years after the accident that left Christopher Reeve paralyzed and dependent on a ventilator [a/k/a ARTIFICIAL LIFE-SUPPORT]....

1,203 posted on 11/10/2003 1:44:11 PM PST by nicmarlo
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To: lonevoice
Glad I could make you laugh! : )
1,204 posted on 11/10/2003 1:44:38 PM PST by nicmarlo
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To: lonevoice
"Maybe you haven't read the findings of fact in the Dept of Health and Florida Board of Medicine's investigations of Dr. Hammesfahr?"

Sure I have.

From the minutes of the Florida Department of Health, Florida Board of Medicene Meeting, February 7-8, 2003:

Dr. William M. Hammesfahr was found in violation of Florida Statute 448.331(1)(n), exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party, the promoting or selling of services, goods, appliances, or drugs.

Hammesfahr was orderd to pay $54,084.40 in fines and costs, and further to six months probation, quarterly reports, indirect supervision, monthly reveiw, 50% chart review, 100 hours of community service and instructed to take an ethics course.

Hammesfahr's treatment of stroke patients is currently the subject of great dispute within the medical community. Harvard Med for example has recently taken great exception to his procedures.

What is important here is the substantial difference between stroke patients and the global destruction of the cerebral cortex suffered by Terri Schiavo.

Not even Hammesfahr claims his therapy can repair dead tissue.

1,205 posted on 11/10/2003 1:46:36 PM PST by daylate-dollarshort
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To: nicmarlo
FACT: March 7, 2000 – Judge Greer denies petition to perform a swallowing test to see if Terri has the ability to swallow.

FACT: August 7, 2001 – Judge Greer ignored all the evidence presented to him

. Judge Greer admitted he ignored the doctors sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial.

FACT: Article dated November 10, 2003: "For a few years, her family and husband, Michael, worked toward recovery. Then,he changed his mind. It was hopeless, he contended. She would not have wanted to live like this.

FACT: Read it again. HE changed his mind. So much for his preposterous, self-interested lie that she said she wanted to die. Michael made it up. His ENTIRE case for trying to kill her rests on this lie.

ORDERED AND ADJUDGED that Michael Schiavo, as Guardian of the Person of Theresa Marie Schiavo, shall withdraw or cause to be withdrawn the ARTIFICIAL LIFE-SUPPORT [in this case FOOD].

........And to the Republic for which it stands;one nation, Under God,Indivisible, with Liberty and JUSTICE FOR ALL......"........really???????

1,206 posted on 11/10/2003 1:53:55 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: daylate-dollarshort
If you have read the 90 page findings of fact, then you do realize the basis of the "adminstrative" probation imposed on Dr. William Hammesfahr that you're all a-twitter about, don't you? Felos' and his paid dirt diggers found ONE (count 'em...one) Hammesfahr patient who had been billed for $3,000 worth of treatments, but received only $2,000 worth of treatments. The board decided that there was a $1,000 billing error and Dr. Hammesfahr received probation for that! (Do you know of any physician that does his own billing?) The $54,000 is costs the doctor was required to pay for the investigation. For documentation of everything stated above, http://www.doh.state.fl.us/mqa/FinalOrders/03-17-03/DOH-03-0182.pdf

By all credible accounts, including the Florida Department of Health whose opinion was rendered by Judge Kirkland, and the Florida Board of Medicine that rendered the final decision, Dr. Hammesfahr's medical treatment successes are brilliant, if unconventional.

1,207 posted on 11/10/2003 2:04:35 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: nicmarlo
Good job putting that all together nic! Thanks.
1,208 posted on 11/10/2003 2:13:20 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: nicmarlo
Atta-boy, nic. Judge Greer has got to realize his own credibility as a judge is in the toilet. Praying he will attempt to right his wrongs and apologize to the Schindler family for all he's put them because of his lack of thoroughness.
1,209 posted on 11/10/2003 2:17:42 PM PST by Ladysmith (Low-carbing works!! (223.0 (-37.6)))
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To: lonevoice
Who said I was "all a-twitter" about the probation? I merely said that I was aware of the results of the hearing and accurately posted them. I think that even you will have to agree that I never brought this complaint and finding up in any of my posts. You did. I never presented this disciplinary action as evidence of anything.

As to the rest of my post that prompted your hissy-fit- what did I post that was untrue?

The very 90 page finding of fact that you rely on affirms my statements regarding the treatment limitations to stroke and that Hammesfar's treatment cannot repair dead tissue.

Where's your beef???

1,210 posted on 11/10/2003 2:26:02 PM PST by daylate-dollarshort
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To: Theodore R.
Yes, the FL supremes already have their minds made up. They believe in killing the inconvenient and useless eaters.

I believe Terri's hope lies in exposing MS as an abusive and unfit guardian, thus removing him from the picture.

Unfortunately, in Florida he has the right to kill her, if he is her guardian. He has to be removed from that position to save her.
1,211 posted on 11/10/2003 2:26:38 PM PST by iowamomforfreedom (Why is it illegal to starve an animal but not a human being?)
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To: Ladysmith; sweetliberty
yw, both!

Judge Greer has got to realize his own credibility as a judge is in the toilet.

'Judge Greer', his credibility, character, and compentence:

"ULTIMATE PHONE CALL for registering a Complaint against Judge Greer....sources can't be revealed but this is the phone number for a few pay grades above J. Greer."

Call the: Judicial Qualifications Commission at

#1-850-488-1581

"Hon." George W. Greer
Rm. 484
315 Court Street
Clearwater, FL 33756
(727) 464-3933

1,212 posted on 11/10/2003 2:26:39 PM PST by nicmarlo
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To: nicmarlo
9. Refuses wife medicine for urinary tract infection. (Women SO enjoy urinary tract infections.)

10. Hires policeman with wife's money to prevent priest, on pain of arrest, from giving wife communion host when she's getting Last Rites.

11. Visits wife, locks door, adjusts thermostat to "pneumonia," and evidently being nervous and in a hurry, forgets to pick up empty insulin ampules.

12. Puts $380,000 contract "hit" on wife with hitman from the Felos Death Firm. (What more does anyone need to know about Michael's intentions for Terri than that he hired a Doctor Death lawyer to deal with her?)

1,213 posted on 11/10/2003 2:28:29 PM PST by T'wit
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To: daylate-dollarshort
Who said I was "all a-twitter"...?

I did. But, you knew that didn't you?

If not, you're welcome.

1,214 posted on 11/10/2003 2:30:29 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: T'wit
Yes, very good. I forgot about those other "models." BTW, there was a nurse who testified that after MS emerged from the locked room with the wife he "loves," only then were her blood sugars at severely dangerous levels.
1,215 posted on 11/10/2003 2:31:42 PM PST by nicmarlo
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To: lonevoice
ROFLOL!
1,216 posted on 11/10/2003 2:32:03 PM PST by nicmarlo
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To: nicmarlo
BTW, there was a nurse who testified that after MS emerged from the locked room with the wife he "loves," only then were her blood sugars at severely dangerous levels.

Oh my !! I hadn't heard that one yet.!!!!! This is one tangled web!!

1,217 posted on 11/10/2003 2:35:24 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: UCANSEE2; nicmarlo
They (likely Jodi) invested wisely and consider that money THEIRS!

Speaking of Jodi..I ran accross another interesting tidbit. While trying to find sites to search, I came upon this one:

http://www.knowx.com/

I clicked on Owners & Officers, typed in her name and came up with this:

1 Match Found Searching: Jodi Centonze | State: ALL

Click record below to purchase details for: $9.95

1. THE MADD ITALIAN DELI, INC. is a business entity in FL

I didn't want to register or give them my money, so I went back here to search:

http://www.sunbiz.org/corpweb/inquiry/cormenu.html

a search under corporation names gives this:

THE MADD ITALIAN DELI, INC.

PRINCIPAL ADDRESS 1261 C SOUTH FORT HARRISON AVENUE CLEARWATER FL 33755

MAILING ADDRESS 1261 C SOUTH FORT HARRISON AVENUE CLEARWATER FL 33755

Document Number P01000069333 FEI Number 593731174

Date Filed 07/13/2001 State FL Status INACTIVE Effective Date NONE

Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/19/2003 Event Effective Date NONE

Registered Agent Name & Address CONTONZE, JOHN 1261 C SOUTH FORT HARRISON AVENUE CLEARWATER FL 33755 Name Changed: 05/29/2002

Officer/Director Detail Name & Address Title CENTONZE, JOHN 1261 C SOUTH FORT HARRISON AVENUE

CLEARWATER FL 33755 PD CENTONZE, GLORIA 1261 C SOUTH FORT HARRISON AVENUE

CLEARWATER FL 33756 SD

Document Images Listed below are the images available for this filing.

05/29/2002 -- COR - ANN REP/UNIFORM BUS REP 07/13/2001 -- Domestic Profit

The report dated 5/29/02 shows Jodi's name crossed off. It mentioned a name change but it didn't say what the previous name was....however

try a search under ficticious names..interesting.

DOES ANYONE IN THE AREA WANT TO CHECK THEM OUT???

PS: nicmarlo..keep away from my search sites :-)

1,218 posted on 11/10/2003 2:40:25 PM PST by Krodg
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To: wisconsinconservative
ping
1,219 posted on 11/10/2003 2:42:17 PM PST by wisconsinconservative (Christian, Conservative.......and proud of it)
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To: wisconsinconservative
ping
1,220 posted on 11/10/2003 2:42:17 PM PST by wisconsinconservative (Christian, Conservative.......and proud of it)
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To: pollywog
Here's the link: Affidavit of Carla Iyers, RN (in pdf).
1,221 posted on 11/10/2003 2:42:29 PM PST by nicmarlo
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To: nicmarlo; All
Excellent post! Thanks for taking the time to do that!

I hope everyone will take the opportunity to write a review on amazon.com for Felos' book. http://www.amazon.com/exec/obidos/ASIN/1577331044/qid=1068503935/sr=2-1/ref=sr_2_1/103-6247329-6829453. Scroll down to "product details" and click on "write a review". Whatever you write gets posted to the site within 5 days.

Here's one that's coming soon to a monitor near you:

Felos the Grim Reaper?

This book contains bizarre stories about the author's fervent desire to end the lives of severely disabled or gravely sick patients. Estelle Browning's case set a precedent whereby Felos advances his "right to kill" agenda while making a tidy profit for himself as an author.

In this book, Felos claims he has the ability to psychically communicate with the souls of people in comas by SHOUTING at them, "DO YOU WANT TO DIE?? DO YOU WANT TO DIE??". In response, he hears voices in his head that he claims to be emmanating from the soul of the patient. Predictably, the answer Felos hears is "yes", which inspires him to take aggressive legal actions to dehydrate and starve a patient who has left no advance healtchare directives.

This book strikes me as being authored by a new age nutcase at best, and a dangerous man at worst. In this book, Felos claims that he visualized a plane crash during a flight on which he was a passenger, which actually caused the plane to begin to crash. He writes that God Himself spoke to Felos to warn him: "Be careful what you think. You are more powerful than you realize." I wonder if the FAA is aware of Mr. Felos' claims!

Felos is no simple legal advocate for Michael Schiavo in the Florida state courts where he is fighting for the death of Terri Schindler-Schiavo. He told the St. Petersburg Times he wants to write about this case too and his "spiritual journey" with Terri Schiavo. As Litigation as Spiritual Practice demonstrates, Mr. Felos is an egomaniacal visionary bent on death as the ultimate demonstration of his messianic powers. Judging from this book, Felos appears to be clinically delusional.

1,222 posted on 11/10/2003 2:44:20 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: nicmarlo
Florida's statutes concerning legal guardians need revision. The job obviously should go to a shifty, low-life, adulterous, larcenous, murderous, conniving, mendacious bully (preferably one who'd kill both his parents for money).

We could call it "Michael's Law."

1,223 posted on 11/10/2003 2:45:28 PM PST by T'wit
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To: nicmarlo
You did say that you work for an attorney, didn't you?

What you have posted are for the large part assertions, not facts. Most are harmless but one that interests me appears to be a deliberate misrepresentation of the orders of the Second DCA to the lower court judge on remand.

"FACT: October 17, 2001 – The Appellate Court issued a ruling, which will allow five doctors to examine Terri. The court's decision authorizes the doctors to only conduct diagnostic tests [RATHER THAN A FULL MEDICAL EXAMINATION] in order to determine if Terri's condition can be treated."

Where did you get this "fact"? A simple reading of the plain language of the appellate courts direction to the lower court clearly and unambgiguously authorizes and seeks "the best available medical evaluation" and further authorizes all reasonable diagnostic tests. It does not limit the doctors only to these tests.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
Case No. 2D01-3626

 

IN RE:  GUARDIANSHIP OF: 
THERESA MARIE SCHIAVO, Incapacitated.

ROBERT SCHINDLER and MARY

SCHINDLER,

Appellants,

v.

MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO,

Appellee.

_________________________

Opinion filed October 17, 2001.

Appeal from the Circuit Court for Pinellas County; George W. Greer, Judge.

Patricia Fields Anderson, St. Petersburg, and Lawrence D. Crow,
Tarpon Springs, for Appellants

George J. Felos of Felos & Felos, P.A.,
Dunedin, for Appellee.

ALTENBERND, Judge.

This is the third opinion issued by this court addressing a bitter dispute among the members of Mrs. Theresa Schiavo’s family over her medical condition and her right to forego life-prolonging medical procedures. See In re Guardianship of Schiavo (Schindler v. Schiavo), 780 So. 2d 176 (Fla. 2d DCA 2001) ("Schiavo I"); In re Guardianship of Schiavo (Schindler v. Schiavo), 26 Fla. L. Weekly D1700 (Fla. 2d DCA July 11, 2001) ("Schiavo II"). Our last opinion instructed the guardianship court to permit Mrs. Schiavo’s parents, Robert and Mary Schindler, to file a motion for relief from judgment. We attempted to limit the nature of the grounds upon which relief could be granted. Following our opinion, the trial court summarily denied the Schindlers’ newly filed motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b)(5). We have reviewed the trial court’s order in conjunction with our last opinion. We acknowledge that our opinion misled the trial court. Accordingly, we are compelled to reverse a portion of the trial court’s decision in this case.

We conclude that the Schindlers’ motion for relief from judgment and the supporting affidavits state a "colorable entitlement" to relief concerning the issue of whether Mrs. Schiavo might elect to pursue a new medical treatment before withdrawing life-prolonging procedures. See Dynasty Express Corp. v. Weiss, 675 So. 2d 235, 239 (Fla. 4th DCA 1996); S. Bell Tel. & Tel. Co. v. Welden, 483 So. 2d 487, 489 (Fla. 1st DCA 1986). This "colorable entitlement" requires the trial court to permit certain limited discovery and conduct an evidentiary hearing to determine whether this new evidence calls into question the trial court’s earlier decision that Mrs. Schiavo would elect to cease life-prolonging procedures if she were competent to make her own decision. We emphasize that we are requiring an evidentiary hearing only to resolve the motion for relief from judgment; this opinion does not require a new trial.

I. PROCEDURAL HISTORY OF THIS CASE

In Schiavo I, we affirmed the trial court’s decision ordering Mrs. Schiavo’s guardian to withdraw life-prolonging procedures. Schiavo I, 780 So. 2d 176 (Fla. 2d DCA), cert. denied, 789 So. 2d 348 (Fla. 2001) (table). In so doing, we affirmed the trial court's rulings that (1) Mrs. Schiavo’s medical condition was the type of end-stage condition that permits the withdrawal of life-prolonging procedures, (2) she did not have a reasonable medical probability of recovering capacity so that she could make her own decision to maintain or withdraw life-prolonging procedures, (3) the trial court had the authority to make such a decision when a conflict within the family prevented a qualified person from effectively exercising the responsibilities of a proxy, and (4) clear and convincing evidence at the time of trial supported a determination that Mrs. Schiavo would have chosen in February 2000 to withdraw the life-prolonging procedures.

After our first opinion, the Schindlers began a multipronged attack upon the trial court’s final judgment. That attack included filing a motion in the guardianship court seeking relief from the judgment pursuant to rule 1.540(b)(2) and (3), based upon allegations of newly discovered evidence and intrinsic fraud, and filing a separate complaint in the civil division of the circuit court seeking to challenge the final judgment of the guardianship court. On July 11, 2001, this court held that the guardianship court had appropriately denied the 1.540 motion as untimely on its face but that the Schindlers, who are technically "interested parties" in this proceeding, had standing to file either a motion for relief from judgment under rule 1.540(b)(5) or an independent action in the guardianship court to challenge the judgment on the grounds that it is no longer equitable that the judgment should have prospective application. Schiavo II, 26 Fla. L. Weekly D1700. This court reversed an injunction entered in the case pending before the civil division of the circuit court and noted that any independent action seeking to challenge the guardianship court’s judgment must be filed in the guardianship court. We remanded the case and provided the Schindlers with a limited time in which to file either proceeding in the guardianship court.

On remand, the Schindlers filed a timely motion for relief from judgment pursuant to rule 1.540(b)(5). In addition to the motion for relief from judgment, the Schindlers filed a "Petition for Independent Medical Examination," a petition for removal of guardian, and a motion to disqualify Judge Greer. The trial court denied the petition for removal of guardian and the motion to disqualify. We affirm those decisions without further discussion. The trial court also summarily denied the motion for relief from judgment and the "petition" for an independent medical examination. These are the decisions we review at greater length in this opinion.

II. THE AMENDED MOTION FOR RELIEF FROM JUDGMENT

The Schindlers contend in their amended motion for relief from judgment that it is no longer equitable for the judgment permitting the withdrawal of life-prolonging measures to have prospective application for two reasons. First, in May 2001, the Schindlers discovered three new witnesses whose proffered testimony is primarily impeachment evidence of the testimony of Mr. Schiavo at the original trial before the guardianship court. Two of these witnesses were close female friends of Mr. Schiavo during a period ending in approximately 1993. The third witness was the husband of one of these women. The Schindlers filed lengthy depositions from the husband and wife, and a lengthy affidavit from the second woman. The Schindlers maintained that this new evidence was sufficient to change the trial court’s determination that, in February 2000, Mrs. Schiavo would have chosen to withdraw life-prolonging procedures.

This aspect of the Schindlers' motion asked the guardianship court to assess the impact of new sworn testimony on an issue that was fully litigated in the initial trial before the guardianship court. In that initial proceeding, the parties debated at length whether Mrs. Schiavo had ever expressed her opinions on life-prolonging procedures and whether the court could determine her wishes. Both sides presented conflicting evidence directed specifically to this issue. The trial court has reviewed the affidavits and depositions of these new witnesses and has assessed the potential impact of this new evidence upon the evidence and testimony that the court considered at the initial trial. We have also reviewed this evidence and conclude that the trial court committed no reversible error in determining that this new evidence failed to present a colorable claim for entitlement to relief from the judgment. See Graham v. Eisele, 245 So. 2d 682, 683 (Fla. 3d DCA 1971); cf. E.I. DuPont De Nemours & Co. v. Native Hammock Nursery, Inc., 698 So. 2d 267 (Fla. 3d DCA 1997) (addressing newly discovered evidence under rule 1.530).

As a second reason for relief from judgment, the Schindlers argued that Mrs. Schiavo’s medical condition in February 2000 was misrepresented to the trial court and to this court throughout these proceedings. They claim that she is not in a persistent vegetative state. What is more important, they maintain that current accepted medical treatment exists to restore her ability to eat and speak. The initial trial focused on what Mrs. Schiavo would have decided given her current medical condition and not on whether any available medical treatment could improve her condition. The Schindlers argue that in light of this new evidence of additional medical procedures intended to improve her condition, Mrs. Schiavo would now elect to undergo new treatment and would reverse the prior decision to withdraw life-prolonging procedures.

In support of these arguments, the Schindlers filed numerous affidavits from licensed physicians who have reviewed Mrs. Schiavo's medical records, who have considered affidavits providing anecdotal evidence from lay people about her condition, and who have watched a brief videotape of her interaction with her mother at a time close to the original trial. Mr. Schiavo, as the ward’s guardian, has not permitted these doctors to physically examine Mrs. Schiavo or conduct any diagnostic tests.

The affidavits of the several doctors vary in content and rhetoric. Among the affidavits filed by the Schindlers, however, the most significant evidence comes from Dr. Fred Webber. Dr. Webber is an osteopathic physician practicing in Clearwater, Florida, who claims that Mrs. Schiavo is not in a persistent vegetative state and that she exhibits "purposeful reaction to her environment." He swore under oath as follows:

Within the past year, I have treated patients with brain defects similar to Mrs. Schiavo’s. In most cases, using cardiovascular medication style of therapy, my patients have shown some improvement, although the degree of that improvement is variable. By "improvement" I mean cognitive and physical items such as speech recovery, enhanced speech clarity and complexity, release of contractures, and better awareness of the patient’s surroundings. In my opinion and judgment, based on my 26 years of practice, Mrs. Schiavo has a good opportunity to show some degree of improvement if treated with this type of therapy, although I cannot anticipate how much improvement.

Purely from a lay perspective, this court must express skepticism concerning Dr. Webber’s affidavit. Nevertheless, when a doctor claims under oath that he may be able to restore Mrs. Schiavo’s ability to speak and otherwise restore her cognitive function, and when numerous doctors dispute the diagnosis of persistent vegetative state based on the records available to them, it is difficult for judges untrained in any medical specialty to summarily reject their opinions without additional evidence.

In our last opinion, we suggested that a medical improvement might need to rise to the level of a "complete cure" before the trial court would be required to conduct an additional evidentiary hearing. Schiavo II, 26 Fla. L. Weekly at D1702. We described extreme hypothetical examples in our opinion to demonstrate that circumstances could exist where all would agree that the trial court should grant relief under rule 1.540(b)(5). We conclude that our examples misled the trial court into believing that only those types of allegations would suffice, and we apologize for the confusion we created.

A motion for relief from judgment should not be summarily dismissed without an evidentiary hearing unless its allegations and accompanying affidavits fail to allege "colorable entitlement" to relief. See Dynasty Express, 675 So. 2d at 239; Welden, 483 So. 2d at 489. We doubt that any court has previously been called upon to determine what allegations of new medical treatment are sufficient to create a colorable entitlement in this context. The parties agree that we should review de novo the trial court's decision to summarily deny the portion of the motion based on the claim of new medical treatment.

Of the four issues resolved in the original trial, which are described earlier in this opinion, we conclude that the motion establishes a colorable entitlement only as to the fourth issue. As to that issue–whether there was clear and convincing evidence to support the determination that Mrs. Schiavo would choose to withdraw the life-prolonging procedures–the motion for relief from judgment alleges evidence of a new treatment that could dramatically improve Mrs. Schiavo’s condition and allow her to have cognitive function to the level of speech. In our last opinion we stated that the Schindlers had "presented no medical evidence suggesting that any new treatment could restore to Mrs. Schiavo a level of function within the cerebral cortex that would allow her to understand her perceptions of sight and sound or to communicate or respond cognitively to those perceptions." Schiavo II, 26 Fla. L. Weekly at D1702. Although we have expressed some lay skepticism about the new affidavits, the Schindlers now have presented some evidence, in the form of the affidavit of Dr. Webber, of such a potential new treatment.

This court has repeatedly stated that, in cases of termination of life-support, the courts must assume that a patient would choose to defend life in exercising the right of privacy. See Schiavo I, 780 So. 2d at 179; In re Guardianship of Browning, 543 So. 2d 258, 273 (Fla. 2d DCA 1989). This default position requires this court to conclude that the medical affidavits are sufficient to create a colorable entitlement to relief sufficient to warrant an evidentiary hearing on the motion for relief from judgment. We therefore reverse the summary denial of this portion of the motion and remand to the trial court to conduct an evidentiary hearing on these specific claims.

As we view the unusual and difficult posture of this case, the question before the trial court in the evidentiary hearing on remand is whether this new evidence concerning additional medical treatment is sufficient to establish that the current final judgment is no longer equitable. There is federal case law indicating that a proponent of a motion for relief from judgment based upon Federal Rule of Civil Procedure 60(b)(5), upon which rule 1.540(b)(5) is modeled, must prove entitlement by clear and convincing evidence. Stokors v. Morrison, 147 F.3d 759, 761 (8th Cir. 1998). Nevertheless, the initial burden of proof in this case required clear and convincing evidence of Mrs. Schiavo’s wishes, and this case involves the withdrawal of life-prolonging procedures. Under these circumstances, we conclude that the Schindlers, as the proponents of the motion, must prove only by a preponderance of the evidence that the initial judgment is no longer equitable. To meet this burden, they must establish that new treatment offers sufficient promise of increased cognitive function in Mrs. Schiavo’s cerebral cortex--significantly improving the quality of Mrs. Schiavo’s life–so that she herself would elect to undergo this treatment and would reverse the prior decision to withdraw life-prolonging procedures.

III. PROCEEDINGS ON REMAND

Although the court’s obligation to make this decision arises from Mrs. Schiavo’s constitutional right of privacy, the fact that a state trial court must make this life-and-death decision unfortunately necessitates a very public airing of her constitutionally protected privacy rights. The open proceedings are essential to assure that the public understands the legitimacy of this process. In this regard, we conclude that the Schindlers’ petition for an independent medical examination should be treated as a request for discovery within this proceeding. We conclude that the trial court should grant this request within very specific confines.

In their motion, the Schindlers have presented the affidavits of seven doctors. Of these doctors, only Dr. Webber has gone so far as to suggest that available treatment could restore cognitive function to Mrs. Schiavo. Because this claim raises the motion to the level of colorable entitlement requiring an evidentiary hearing, the Schindlers will need to present similar evidence at the hearing to support their claim for relief from the judgment. Recognizing that the opinions of the remaining doctors may have been limited by their inability to examine Mrs. Schiavo or obtain necessary diagnostic information, we do not restrict the Schindlers to presenting only the testimony of Dr. Webber. Rather, the Schindlers may choose two doctors to participate in discovery and present their opinions at an evidentiary hearing. In addition, to control the scope of this hearing and to prevent the proverbial "war of experts," Mr. Schiavo may introduce in rebuttal the testimony of two doctors of his choosing.

In order to obtain the best available medical evaluation and because at least one of the Schindlers’ experts in his affidavit has accused the treating physicians of malpractice, we further conclude that the trial court should appoint a new independent physician to examine and evaluate Mrs. Schiavo’s current condition. This physician should not be one of the doctors who has already provided testimony or an affidavit in this case and should be independent of those physicians and without any prior involvement with this family. If possible, this new physician should be very experienced in the treatment of brain damage and in the diagnosis and treatment of persistent vegetative state. This new physician should be board-certified in neurology or neurosurgery. We instruct lead counsel in the trial court for both parties to locate and agree upon the selection of this new physician. In the event that counsel are unable to stipulate to the selection of a new physician for the purposes of this independent examination, the trial court shall make the selection.

Once the Schindlers and Mr. Schiavo have each designated their two physicians and the independent physician has been selected, the physicians shall have the opportunity to examine Mrs. Schiavo. The court shall authorize the expenditure and payment of the reasonable fees of the independent physician appointed by the court and all reasonable diagnostic tests. We anticipate that the physicians will want to obtain current EEG readings as well as brain scans performed using current technology. They may need to obtain diagnostic results from the tests typically given at a general physical. In the event that the doctors disagree upon the necessary tests or the guardian objects to a test on grounds that it may be too invasive or harmful to Mrs. Schiavo, the trial court will need to resolve the dispute. We recommend to the trial court that all five designated physicians file written reports with the trial court, and that the court then schedule an evidentiary hearing to resolve this matter.

We emphasize that the trial court is obligated to permit discovery and conduct an evidentiary hearing only for the purpose of assessing Mrs. Schiavo’s current medical condition, the nature of the new medical treatments described in the affidavits and their acceptance in the relevant scientific community, the probable efficacy of these new treatments, and any other factor that the trial court itself determines to be necessary for it to decide whether this evidence calls into question the initial judgment. We urge the trial court to conduct this discovery and hearing as expeditiously as possible and without undue delay. To this end, the trial court may wish to set an immediate case management conference. That conference could result in an order incorporating the requirements of this opinion and mandating compliance with the procedures established by this court and the trial court.

After the evidentiary hearing is held, if the trial court grants relief, it will vacate the judgment. It may then set a new trial or enter any appropriate new order. If the trial court denies the motion, it will once again need to enter an order scheduling the withdrawal of life-support in accordance with the instructions that this court provided in Schiavo II, 26 Fla. L. Weekly at D1703.

We fully recognize that the discovery process and the hearing that we have outlined will require extensive cooperation among attorneys whose clients are engaged in a bitter dispute. The enmity of clients does not dispense with the need for professionalism among lawyers; it heightens that need. In the final analysis, the courts must and will make the necessary decisions for Mrs. Schiavo. Professionalism among the lawyers involved is the best guaranty that the court will make sound decisions. The lawyers involved in this case have already demonstrated such professionalism during this appeal. We are confident they can rise to the occasion and demonstrate the professionalism necessary to resolve this matter in the trial court without undue delay and with the care and dignity that we all owe to Mrs. Schiavo.

Affirmed in part, reversed in part, and remanded.

BLUE, C.J., and PARKER, J., Concur.

1,224 posted on 11/10/2003 2:46:19 PM PST by daylate-dollarshort
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To: Krodg
PS: nicmarlo..keep away from my search sites :-)

Excellent work, Krodg. Kudos to you.

1,225 posted on 11/10/2003 2:49:07 PM PST by nicmarlo
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To: lonevoice
>> God Himself spoke to Felos spoke to Felos to warn him: "Be careful what you think. You are more powerful than you realize."

Never heard of God giving people special powers to do evil.

1,226 posted on 11/10/2003 2:52:34 PM PST by T'wit
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To: nicmarlo
Do you know why people file for ficticous names? What is the purpose of that?
1,227 posted on 11/10/2003 2:54:09 PM PST by Krodg
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To: daylate-dollarshort
FACT: The court shall authorize the expenditure and payment of the reasonable fees of the independent physician appointed by the court and all reasonable diagnostic tests. We anticipate that the physicians will want to obtain current EEG readings as well as brain scans performed using current technology. They may need to obtain diagnostic results from the tests typically given at a general physical.

FACT: January 18, 2002 – A hearing was conducted in Judge Greer’s court after all attempts to achieve a mediated agreement with Schiavo’s attorney were unsuccessful. Judge Greer established a time schedule for Terri’s evaluation. Attorney Anderson, convinced Judge Greer that Terri's medical condition was an important prerequisite in arriving at Terri’s true neurological status. Judge Greer finally will allow Terri to have a full medical examination in February 2002.

1,228 posted on 11/10/2003 2:57:17 PM PST by nicmarlo
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To: Krodg
Fictitious names......wouldn't that be similar to a person d/b/a ? I'm really not familiar with law as pertains to corporations.....I will have to check on that, Krodg. : )
1,229 posted on 11/10/2003 2:58:38 PM PST by nicmarlo
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To: daylate-dollarshort
We emphasize that the trial court is obligated to permit discovery and conduct an evidentiary hearing only for the purpose of assessing Mrs. Schiavo’s current medical condition, the nature of the new medical treatments described in the affidavits and their acceptance in the relevant scientific community, the probable efficacy of these new treatments, and any other factor that the trial court itself determines to be necessary for it to decide whether this evidence calls into question the initial judgment. We urge the trial court to conduct this discovery and hearing as expeditiously as possible and without undue delay. To this end, the trial court may wish to set an immediate case management conference. That conference could result in an order incorporating the requirements of this opinion and mandating compliance with the procedures established by this court and the trial court.

I.e. "Kangaroo, hop again."

1,230 posted on 11/10/2003 2:59:20 PM PST by HiTech RedNeck ("Across this great nation people pray -- do not put out her flame" -- DFU. Go Godsquad!!!)
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To: Krodg
Excellent, Krodg

http://www.sptimes.com/2002/09/24/NorthPinellas/Big_appetite_needed_f.shtml

Excerpt

Big appetite needed for Taste
It's time to eat all you want from the area's finest restaurants at tonight's Taste of Clearwater.
By EILEEN SCHULTE
© St. Petersburg Times
published September 24, 2002

CLEARWATER -- With 50 local restaurants serving up their most popular menu selections, the 13th annual Taste of Clearwater tonight promises to satisfy dinner cravings from spicy Cajun chicken legs to zesty chili.

For $18 ($24 at the door), you can forage on food from Cooter's Raw Bar and Restaurant, Crabby Bill's restaurant, Outback Steakhouse, Landry's Seafood House, Krispy Kreme, Romano's Macaroni Grill, the Great Maine LobsterBake Co., the Madd Italian Deli and Market, Two Buks, Papa John's Pizza, and Pete and Shorty's.

Found a phone # for Madd Italian Deli...(727) 466-0109

1,231 posted on 11/10/2003 3:02:52 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: Krodg
"Do you know why people file for ficticous names? What is the purpose of that?"

It's my understanding that in Florida when you use anything other than your legal name - it must be advertised and made public so that everyone knows who you are.

1,232 posted on 11/10/2003 3:03:03 PM PST by LADY J
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To: lonevoice
You think there were Felos trolls here? Trying to convince us that Dr. Hammersfahrs is nothing more that a criminal, and a quack? No... I thought those posters were just mis -informed. Those posters seems so nice and so concerned for Terri's well being. How could that be?
1,233 posted on 11/10/2003 3:04:06 PM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: No More Gore Anymore; lonevoice; daylate-dollarshort; sweetliberty; Mo1; Krodg
You think there were Felos trolls here? Trying to convince us that Dr. Hammersfahrs is nothing more that a criminal, and a quack? No... I thought those posters were just mis -informed. Those posters seems so nice and so concerned for Terri's well being. How could that be?

1. daylate-dollarshort
2.

1,234 posted on 11/10/2003 3:10:10 PM PST by nicmarlo
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To: No More Gore Anymore
Oh yeah, there are definitely Felos trolls here IMHO. There are a few posters who hang out on Terri threads that I think are just normal trolls (if such a species can be called normal). You can tell them by their pithy posts about the "godsquad" and "set her free from her useless shell of a body". They don't seem to have an agenda other than to annoy.

Then there are the Felos trolls...
1,235 posted on 11/10/2003 3:13:11 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: nicmarlo
Oh I have a whole list ... if you care to see it you can freepmail me.
1,236 posted on 11/10/2003 3:15:44 PM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: T'wit
Florida's statutes concerning legal guardians need revision. We could call it

"Michael's Law."

1,237 posted on 11/10/2003 3:16:51 PM PST by nicmarlo
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To: lonevoice
I would add MS trolls to that list as well...
1,238 posted on 11/10/2003 3:17:19 PM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: FR_addict
Thanks!
1,239 posted on 11/10/2003 3:17:53 PM PST by Dante3
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To: bvw
This is my forst post since getting into trouble over that pic a couple of days ago.
It is not neccessarily his activities in the South, (as bad as some think they are) that made me choose Sherman as a type two troll identifier. It was his more his rather genicidal approach as commanding General in the wars with the Native Americans after the Civil war that led me to use him for this purpose.
1,240 posted on 11/10/2003 3:18:15 PM PST by Coral Snake (deathculture(HospiceOf TheFlorida$uncoast == Andersonville + Aushwitz)
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To: daylate-dollarshort
Nothing in your posts adresses the problems with Terri's case. The first is: Should a judge be able to order the execution of a citizen by starvation/dehydration based solely on hear-say evidence? Especially, when there is conflicting eveidence from family members and friends, that it is NOT the persons wish to be executed? (and that person giving hear-say evidence stands to gain from her death, and has tons of conflicts of interest himself)?

The other problem, is : Do we want to set up a precedent where the disabled have to prove that they are worhty of life?

Your posts show that the lawyers are all talking about weather/if Terri can recover at all, or how much can she recover. My question is, even if she can only make a partial recovery, or even no recovery at all- does that give a judge the right to kill her? Or others like her , because they are disabled? Especially when there is NO WRITTEN LIVING WILL and the only given evidence is HEAR-SAY from the guardian ?

(I have worked with patients/children with disabilities similar to Terri's. One thing I've noticed is that you really don't know how much a person can recover until you try working with them. I've seen improvement over and over again in people that were said by "the doctors" to not be capable of it. The key was that someone was working with them, doing therapy, providing stimulation exc....According to what I've read, MS has gone out of his way to deny Terri any kind of therapy , stimulation. ( Neglect coud be included i.e. her teeth were not brushed , she has severe contractures-no Range of Motion excercises done). Your previous post, where the the parents had to make a huge effort to get Terri to respond on the video is because- No one has worked with her for years, but please note: she still does respond, however long it takes to get there.)

But, back to the previous question PLEASE GO HERE

I could also mention the pattern of viciuosness on the part of the HINO, wich culminted in him denying her Last Rites when she was dying of the court ordered starvation..... The preceeding is my opinion yadda yadda yadda

1,241 posted on 11/10/2003 3:18:32 PM PST by fly_so_free (Today's liberal is yesterday's Nazi http.//www.freerepublic.com/focus/f-news/1010512/posts)
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To: T'wit; lonevoice
Never heard of God giving people special powers to do evil.

Well, what about the terrorists? They believe they have been elected by God to murder. (Of course, they god they are referring to is not God, the Creator.)

1,242 posted on 11/10/2003 3:19:36 PM PST by nicmarlo
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To: bvw
This is my forst post since getting into trouble over that pic a couple of days ago.
It is not neccessarily his activities in the South, (as bad as some think they are) that made me choose Sherman as a type two troll identifier. It was his more his rather genicidal approach as commanding General in the wars with the Native Americans after the Civil war that led me to use him for this purpose.
1,243 posted on 11/10/2003 3:20:10 PM PST by Coral Snake (deathculture(HospiceOf TheFlorida$uncoast == Andersonville + Aushwitz)
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To: nicmarlo
"FACT: The court shall authorize the expenditure and payment of the reasonable fees of the independent physician appointed by the court and all reasonable diagnostic tests. We anticipate that the physicians will want to obtain current EEG readings as well as brain scans performed using current technology. They may need to obtain diagnostic results from the tests typically given at a general physical"

Ok...where do the directions limit the physicians to only the diagnostic tests???

"In order to obtain the best available medical evaluation and because at least one of the Schindlers’ experts in his affidavit has accused the treating physicians of malpractice, we further conclude that the trial court should appoint a new independent physician to examine and evaluate Mrs. Schiavo’s current condition. This physician should not be one of the doctors who has already provided testimony or an affidavit in this case and should be independent of those physicians and without any prior involvement with this family. If possible, this new physician should be very experienced in the treatment of brain damage and in the diagnosis and treatment of persistent vegetative state. This new physician should be board-certified in neurology or neurosurgery. We instruct lead counsel in the trial court for both parties to locate and agree upon the selection of this new physician. In the event that counsel are unable to stipulate to the selection of a new physician for the purposes of this independent examination, the trial court shall make the selection.

'Once the Schindlers and Mr. Schiavo have each designated their two physicians and the independent physician has been selected, the physicians shall have the opportunity to examine Mrs. Schiavo. The court shall authorize the expenditure and payment of the reasonable fees of the independent physician appointed by the court and all reasonable diagnostic tests. We anticipate that the physicians will want to obtain current EEG readings as well as brain scans performed using current technology. They may need to obtain diagnostic results from the tests typically given at a general physical. In the event that the doctors disagree upon the necessary tests or the guardian objects to a test on grounds that it may be too invasive or harmful to Mrs. Schiavo, the trial court will need to resolve the dispute. We recommend to the trial court that all five designated physicians file written reports with the trial court, and that the court then schedule an evidentiary hearing to resolve this matter".

By the way- your reliance on the obvious typo "physical" instead of "general" really reveals ignorance on your part unless of course you really believe that a general physical includes "brain scans performed using current technology".

As to your quote that "Judge Greer will finally allow Terri to have a full medical examination in February 2002." please post your cite. If you do work for an attorney, he must do real estate closings, otherwise you would know that the appellate court ordered the medical exams and Greer was without power to ignore that court's order on remand.

1,244 posted on 11/10/2003 3:26:36 PM PST by daylate-dollarshort
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To: lonevoice
As Litigation as Spiritual Practice demonstrates, Mr. Felos is an egomaniacal visionary bent on death as the ultimate demonstration of his messianic powers. Judging from this book, Felos appears to be clinically delusional.

Very good!

1,245 posted on 11/10/2003 3:27:41 PM PST by nicmarlo
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To: daylate-dollarshort
Aren't you wearing yourself out?
1,246 posted on 11/10/2003 3:30:10 PM PST by TaxRelief (Welcome to the only website dedicated to the preservation of a free republic.)
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To: daylate-dollarshort
where do the directions limit the physicians to only the diagnostic tests

Your lack of intelligence and understanding has now been outed. Begone, troll.

1,247 posted on 11/10/2003 3:30:42 PM PST by nicmarlo
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To: LADY J
I'm pretty dense, so I only partly understand what you're saying...LOL. Why would a person running a legitimate business want to file for a fictitious (I think I got it right this time)name?

I'm getting very confused here

there is no fictitious filing for Jerger & Centonze (here Michael is listed but not Jodi...different name)....there is a filing for John Centonze called 'Madd Cravings' (different address) and a listing for Madd Italian Deli with the same address listed for the business (different owner with his address).

1,248 posted on 11/10/2003 3:32:42 PM PST by Krodg
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To: sweetliberty
Felos seems like a dangerous nut case, perhaps another Jim Jones, who has a conflict of interest.

I just looked him up in Who's Who, 2003 (his bio also appears in Who's Who in American Law, 7th ed & 11th ed). It mentions:
Chmn bd. dirs. Hospice of Fla. Suncoast, 96-98
Am.-Hellenic Ednl. Progressive Assn. (gov. 1986)
legal advisor Soc. for Right to Die, 1992
apparently there is more than one Felos since he is listed as ptnr. Felos & Felos
wife Constance M. Felos and 1 child Alexander James

1,249 posted on 11/10/2003 3:39:01 PM PST by Dante3
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To: Krodg
Here, I found this for California requirements (of course, I don't know if Florida is exactly the same): Fictitious Business Names

Q. Fictitious business names are so confusing. Who needs one? A. In a prior question regarding business permits we mentioned the State of California has a website www.calgold.ca.gov which is easy to use and contains lots of useful information regarding permits and business names. However, although this site mentions who to contact for fictitious business name filings it is not clear on who needs to file for one. What seems like a simple question can be a little complicated. If you are using your name (for example - Jacobs and Gregory Auto Parts) you do not need to file a fictitious business name statement because you are actually using your name in the business. If you choose a name that implies there are other partners who are not named (for example - Jacobs & Daughters Auto Parts or Gregory and Associates Auto Parts) you DO need to file a fictitious business name statement. If Robert Smith were to buy Jacobs and Gregory Auto Parts and wants to keep using the name he would need to file a fictitious business name statement. If Robert Smith expanded the business to a neighboring county he would have to file a fictitious business name statement there in the new county as well....

1,250 posted on 11/10/2003 3:39:03 PM PST by nicmarlo
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