A Petition for Writ of
Certiorari has been filed by Attorney Patricia Anderson,
representing the parents of Terri Schiavo, to the Second
District Court of Appeals in Lakeland, Florida.
This petition is an appeal of the dismissal of a Petition
for Writ of Quo Warranto filed previously in the Sixth
Judicial Circuit. The Writ of Quo Warranto was dismissed by
Circuit Judge George W. Greer in July of this year.
In his July dismissal, Greer suggests that Mr. and Mrs.
Schindler already have ample legal remedy with a November
15, 2002 petition to remove Terri's husband as her guardian
which has yet to be resolved in Greer's court. Additionally,
Greer stated that the Writ of Quo Warranto could be
dismissed because a "court's appointment of a guardian
does not provide sufficient basis for attributing the
guardian's conduct to state action.
In her 21 page petition, Attorney Patricia Anderson argues
that the trial court strayed beyond the four corners of the
petition for quo warranto and misapprehended the relief
sought. As the Writ of Quo Warranto was intended to force
Michael Schiavo to demonstrate what authority he retained to
act as guardian of Terri Schiavo, the pending petition to
remove him as guardian (now 21 months old) is not an
adequate remedy sought by the writ and is a separate concern
entirely.
Attorney Anderson goes on to state: "The approved
report constitutes the authority for the guardian to act in
the forthcoming year. The powers of the guardian are limited
by the terms of the report.@ Fla. Stat. 744.369(8). In the
absence of a court-approved care plan, then, the guardian
has no authority to exercise dominion and control over the
ward nor to act in her stead. The law is emphatic, even
redundant, in demanding this requirement."
Related Documents:
Petition for Writ of Certiorari - http://zimp.org/documents/080504cert.pdf
Petition for Writ of Quo Warranto - http://zimp.org/documents/qw.pdf
Judge Greer's dismissal - http://zimp.org/documents/dismiss070704.pdf
This announcement was
posted to Free Republic on 8/09/04.
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