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 Appeal filed to 2nd DCA in Terri's Guardianship Case

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 -
Petition for Writ of Quo Warranto -
Judge Greer's dismissal -

This announcement was posted to Free Republic on 8/09/04.

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