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    Schiavo's feeding to continue

    Instead of asking the court to enforce its original ruling, Terri Schiavo's husband must appeal a judge's decision to resume her feeding directly, an appeals court says.

    By J. NEALY-BROWN

    © St. Petersburg Times, published May 3, 2001


    Michael Schiavo will have to take another legal route to end his wife's feeding, an appellate court ruled Wednesday.

    Instead of asking the court to enforce a prior ruling that stopped the feeding of his wife, Schiavo will have to directly appeal Pinellas-Pasco Circuit Judge Frank Quesada's decision.

    The ruling allowed Terri Schiavo's feeding to resume based on a decision in a separate lawsuit, according to the 2nd District Court of Appeal.

    On Monday, Schiavo's attorney filed an emergency motion to enforce a prior ruling that stopped the feeding of Mrs. Schiavo.

    The appellate court deferred ruling on that motion until the parents of Mrs. Schiavo reply, which must be no later than Monday.

    "I think it's fair to say that we're disappointed that the court did not order discontinuance of the feeding," said George Felos, an attorney representing Michael Schiavo. "I believe the court eventually will. I think they just want to make sure they're on sound procedural flooring."

    But Mrs. Schiavo's parents and their attorneys were happy with the ruling.

    "She gets to live another weekend," said Pat Anderson, an attorney for Mrs. Schiavo's parents, Bob and Mary Schindler.

    "Their main concern was their daughter," said Joe Magri, another attorney for the Schindlers. "They're very happy that she would continue to be fed."

    The Schindlers are fighting to keep their daughter alive and want a judge to hear new evidence.

    Last week, the Schindlers asked for a new trial because they said they found new evidence, but a circuit judge ruled that the Schindlers were too late in presenting their findings.

    The Schindlers then filed a lawsuit accusing Michael Schiavo of committing perjury by saying his wife did not want to be kept on life support.

    Based on that suit, Quesada ordered that feeding should temporarily resume for Mrs. Schiavo until the case is resolved.

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