CLEARWATER, Florida, July 9 2004 (LifeSiteNews.com) - A Florida judge has dissolved and denied a writ of quo warranto against the legal guardian of brain-damaged Terri Schiavo filed by her parents, Bob and Mary Schindler.
“Quo Warranto” is a legal term that questions “by what authority” someone acts—in this case it challenges Michael Schiavo’s legal guardianship of his estranged wife, Terri, arguing that he has been negligent in his duties as guardian. The Schindler’s argue that Michael has failed to provide rudimentary health care, as evidenced by the extraction of five decayed teeth in April. Nor has he provided the court-mandated annual care plan for Terri—his last plan filed was for the year 2001. “Logic and reason would lead us to conclude that an extraordinary remedy should not be afforded where an ordinary one is available,” Judge George Greer wrote in his decision. Greer added that “extraordinary relief will not be granted in cases where the granting of it will result in confusion and disorder.” The “confusion and disorder” Greer refers to harkens back to a 2002 petition by the Schindler’s, requesting Michael Schiavo’s dismissal as Terri’s legal guardian. That request has still to be settled. Schiavo, 38, suffered a heart attack during an unexplained 1990 seizure that cut off oxygen long enough to leave her in her present state. Michael was appointed her legal guardian in 1990. As part of his responsibilities as guardian, Michael Schiavo was mandated to provide an annual care plan for his wife. The parents argue that Michael Schiavo’s failure to provide the court-mandated annual care plan disqualifies him as a competent guardian. Michael has repeatedly called for a termination of his wife’s life by having her feeding tube removed—a battle he almost won in 2003 before Florida Governor Jeb Bush stepped in and created a new law to have her feeding tube re-inserted. Pinellas County Circuit Court Judge W. Douglas Baird ruled “Terri’s Law” unconstitutional in May, allowing for the possible removal of Terri’s feeding tube yet again.
Read WorldNetDaily coverage: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=39361
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