(Florida State Supreme Court) Order Dismissing for Lack of Jurisdiction

Florida Supreme Court ^ | March 21, 2005

[bd476]

Supreme Court of Florida

MONDAY, MARCH 21, 2005
CASE NO.: SC05-460


COMMITTEE ON GOVERNMENT REFORM
OF THE U.S. HOUSE OF
REPRESENTATIVES vs. MICHAEL SCHIAVO, ET AL.

___________________________________________________________________
Petitioner(s) Respondent(s)

The petition to invoke all writs jurisdiction is dismissed for lack of jurisdiction because there is no independent basis alleged to invoke the jurisdiction of this Court.

A True Copy

Test:

kd Served:

KERRY W. KIRCHER
GERALDINE R. GENNET
DAVID PLOTINSKY
DAVID CHARLES GIBBS, III
GEORGE J. FELOS
DEBORAH BUSHNELL

[Don'tMessWithTexas]

"This appears to be throwing out the Congressional subpoena of Terri on final appeal, but I'll check further."

I wouldn't be so quick to come to that conclusion. Contempt of Congress is really a federal matter. I don't think Florida courts have jurisdiction to hear such a matter.

[skinkinthegrass]

THIS HAS NOTHING..DONT CONFUSE THEM!....*in Ruth Buzzy's voice*..THANK YOU...(understood :^)

[Torie]

If this is about a federal subpoena, and I don't know, why would you think a state court would have jurisdiction to enforce it? We have federal courts for a reason.

[stlnative]

worth repeating...

This is the Florida Supreme Court--not U.S. District Court.

[Don'tMessWithTexas]

This really doesn't dispose of the subpoena issue. It merely means the matter will not be reviewed by a Florida court. I would imagine that would be considered by a federal court as well.

[Graymatter]

Fine, how exactly do they enforce them?

[Don'tMessWithTexas]

I would assume that in order to have a federal court hear this matter at the district or appellate level the Congress would have to have a ruling from the highest court in the State of Florida.

[Next_Time_NJ]

Someone should take this off Breaking News.. its going to confuse people about what happened last night.. two seperate issues..

[NautiNurse]

Meanwhile--here is a description of the U.S. District Court proceeding today:

Judge Whittemore at times sighed, paused and buried his face in his hands during the hearing. He wanted details of how long it would take to transport Ms. Schiavo from her hospice to a nearby hospital and replace the tube - about two hours, the lawyers said - and what the procedure involved. Both sides said it would require surgery and that Ms. Schiavo would need to be hospitalized for several days while her electrolyte balance was restored.

[Torie]

Congress just runs down to the local federal court, and gets a contempt of Congress order. I don't think Congress is into that anymore. It was all so transparent, and well, embarrassing. Congress was wise to move onto plan B.

[Havoc]

Read what you just said. They are different issues. And whether the case is in federal court or not has no bearing on whether the Florida Court can act on a Subpeona for persons in their jurisdiction. They have jurisdiction in florida. In point of fact, if they don't have, then they've just admitted they had no jurisdiction to decide the matter in the first place.

IMHO, it is time to send in the US Marshal service and start knockin heads.

[Tax Government]

I would gladly BOYCOTT ANYTHING AND EVERYTHING FROM FLORIDA if Terri dies.

Florida...the new France.

[Don'tMessWithTexas]

I would disagree. This is just a piece of the whole puzzle of litigation. I would merely give a new title to the thread.

[Torie]

Not for a Congressional subpoena. That is a federal matter. It is none of any state's business.

[Havoc]

Real simple, just walk right on over and knock on the door of the US Justice dept. Story at 11.

[Don'tMessWithTexas]

A Florida court is in no position to make a ruling on defiance of a Congressional subpoena. I cannot understand why Congress went to the Florida courts on this matter in the first place. Kind of a wasted move in my opinion.

[Squantos]

Last of the fancy ball room dancers so I hear .......:o)

[Don'tMessWithTexas]

Then why in the Sam Hill did congress request writs from the Florida courts? Was it just a bit of posturing or what?

[Torie]

Beats me. It seems ludicrous. But maybe there are nuances I am missing.

[onyx]

YES!
The original "Shall We Dance?"
is one of my favorites. It's
the Japanese version with English
subtitles.