http://zimp.org/documents/dismiss070704.pdf
Posted on 07/08/2004 4:49:13 PM PDT by nickcarraway
Clearwater, FL (LifeNews.com) -- Bob and Mary Schindler received a setback in their effort to appoint a new legal guardian for their daughter, Terri Schiavo.
Judge George Greer dismissed a legal motion that would have required Terri's estranged husband Michael to prove that he is still qualified to make her medical decisions.
Judge Greer ordered that a Writ of Quo Warranto filed on behalf of the Schindlers be dismissed. The legal document asked that Michael demonstrate what legal authority allows him to continue as Terri's guardian and to show that he is complying with the law and court orders regarding Terri's care.
The Schindlers say Michael has abrogated his duties by failing to comply with a Florida statute requiring guardians to establish an annual medical care plan for patients under their watch.
Michael Schiavo has failed to file the annual care plan since August 2001. During that time, Michael has not provided Terri with rehabilitative care due to her under the rules attached to a medical malpractice award the Schiavos won after Terri's collapse.
In his decision, Greer cited a 1932 court case and said the Schindlers already have a legal motion in place regarding Terri's guardianship that has yet to be resolved.
In November 2002, the Schindlers filed a request with Judge Greer to remove Michael as Terri's guardian.
"Logic and reason would lead us to concluded that an extraordinary remedy should not be afforded where an ordinary remedy is available," Greer wrote in his decision. He said grating the Writ of Quo Warranto would cause "confusion and disorder."
Greer has not made a final decision on their request for change in guardianship and, given the length of time since it was filed, there may be little reason to hope it will be granted.
In March, Greer ruled against a contempt of court motion the Schindlers filed against Michael saying he is violating a court order by withholding information about Terri's medical condition from them.
A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment if there is a "significant change" in Terri's condition.
"With every hearing, it gets more obvious to me that this judge is working to insulate Michael Schiavo and, in the process, is causing harm to my sister and torturing my parents. God have mercy on other parents of disabled people in this jurisdiction," Terri's brother Bobby Schindler, Jr., told LifeNews.com.
Related web sites:
Terri Schiavo's family - http://www.terrisfight.org
ping
DEFEAT GREER... Help www.jangovan.com
This is a Freepertunity to help us out in Pinellas and Pasco County.
Instead of measuring where the case is today and what has Michael done in his role as guardian, GREER stays on course for reasons unknown to us to insure that Michael gets his wish. Greer is still on course for the neglect, isolation and starvation of Terri. I THINK HE IS A MAD MAN.
Greer MUST GO!!!!!!!! Praying for the election!!
I agree with you SmartA.
It's a mystery why they won't release her to her parents.
This whole thing is unbelievable.
How in the world are Terri's parents able to pay all these legal bills?
God help them to free her daughter from these evil people.
Her husband and the Courts are hell bent on killing her!
I'd bet dollars to donuts that if all of her files were examined by a 'good' guardian, a number of people would go to jail.
Yup
I'm continually dumbfounded by the rulings in this case...I don't know if he is a madman, or just plain evil. But certainly he should be UPHOLDING THE EXISTING LAW RE: GUARDIANS.
I am so angry at this judge. Where is his heart? Where is his knowledge of the spirit of our laws? Where is his sense of JUSTICE?
This is just PATHETIC!
This judge allows Michael Shiavo, who shacks with his concubine, to BREAK THE GUARDIANSHIP RULES while slamming down the PARENTS who LOVE their dtr at every turn!
Has judge GREER ever visited Terri? Ever asked if she would enjoy being taken out into the sunshine? Ever seen the sterile environment she endures? Has he ever wondered what HELLACIOUS things MS whispers into her ears when he hovers over her....trying with all his might to make the Schindler's suffer even as their dtr slowly crumbles thru lack of therapy and stimulation.
This judge is a VERY SICK MAN!
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What church does George W. Greer attend? Shouldn't there be demonstrations at his church against his apostasy?
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