Michael Schiavo now faces a rushed deadline to explain why his lawsuit to overturn the legislation should be expedited.
By KELLY VIRELLA
Published November 16, 2003
LAKELAND - Michael Schiavo's push to get a circuit court to overturn Terri's Law was halted temporarily late Friday night when a state court of appeals intervened.
Schiavo's lawsuit seeking to have the law declared unconstitutional had been bolstered by a ruling by Pinellas-Pasco Circuit Judge Douglas Baird. He ordered Gov. Jeb Bush, whose signature put Terri's Law into effect, to respond to Schiavo's challenge on Monday.
But late Friday, the 2nd District Court of Appeals issued an indefinite stay on Baird's order, which means Bush won't have to file written arguments justifying the constitutionality of the law by Monday.
Instead, Schiavo now faces the quick deadline and must file papers to the appeals court by Tuesday explaining why his lawsuit should be expedited, as he has requested.
Terri Schiavo suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.
Schiavo has been fighting his in-laws in court for years for the right to remove Terri Schiavo's feeding tube, saying she would not want to be kept alive artificially. Florida courts had repeatedly affirmed the right of Michael Schiavo to remove the feeding tube.
The tube was removed by court order in October, but six days later, the Florida Legislature passed Terri's Law, which gave Bush the power to overrule the court's decision.
Schiavo's attorney, George Felos, filed a challenge to Terri's Law on Oct. 21, the day the Legislature passed it and the day the feeding tube was put back in. Felos was upset by the appeals court's late night decision.
"What's more of an emergency? Resolving this law or the inconvenience of a governor having to file a brief Monday?" he said. "The emergency in this case is getting this case heard. That's the true emergency."
But he expressed optimism that Schiavo will prevail.
"We are confident and hopeful that when the court hears our response next week, they will reverse that order and require the governor to file his brief," he said.
Attorneys for the governor appealed to the 2nd District Court Monday, when Baird refused to dismiss Schiavo's suit.
Their appeal put an automatic hold on Schiavo's lawsuit, but Baird lifted that hold so the suit could proceed with his order Friday.
Attorneys for the governor contend Michael Schiavo's lawsuit should not be allowed to move ahead until after he serves legal papers on the governor.
"I'm not dragging my feet," Bush said after filing the appeal. "I think it's appropriate in something that is a matter of life and death that the procedures that we believe are the appropriate ones should take place."
Bush compared his position to the "very deliberate" legal work done before any execution, saying he "wants to make sure that innocent life is protected. We go the extra mile."
Pat Anderson, attorney for Terri Schiavo's parents, Bob and Mary Schindler, said her "life continues to be threatened by those forces who want to see her die from starvation and dehydration.
"We are once again grateful that the governor is doing everything in his power to protect Terri's life."
- The Associated Press contributed to this report.
