ANOTHER DENIAL, ANOTHER HEARING
Terri Schiavo's parents have once again been turned back by a three judge panel of the federal 11th Circuit Court of Appeals in Atlanta (here's the opinion in pdf format).
The judges involved in this opinion are Ed Carnes of Alabama, Charles R. Wilson of Pensacola (a former Assistant County Attorney and County Judge in Hillsborough County), and Frank Hull of Georgia. All are Clinton appointees to the appeals court, and are the same judges that denied a similar motion earlier in the week (pdf format).
The appeal came after federal district judge James D. Whittemore turned down another motion to reinsert Terri's feeding tube early this morning.
Tonight Pinellas-Pasco Circuit Judge George Greer is holding another hearing on a motion filed by attorneys for Terri's parents. This time, the claim is that the day Mrs. Schiavo's feeding tube was removed, she somehow tried to say "I want to live." They also asked Judge Greer to recuse himself from the case, which he refused to do.
If you didn't read this piece in this morning's USA Today (or, for that matter, this story from Thursday's Miami Herald), make time and do it. They suggest that the schism between Terri Schiavo's husband Michael and her parents were initally based on the $1 million settlement resulting from the malpractice lawsuit filed against Terri's doctors. $700,000 was mandated to be used for Terri's care; Michael received the remaining $300,000 for "loss of consortium" --- legalese for loss of companionship. Allegedly the Schindlers wanted a portion of Michael's $300,000, claiming that he had promised half to them and that he owed the Schindlers for helping he and Terri move to Florida and allowing the couple to live in their condo.
The Schindlers' initial legal action came approximately four months after the settlement was received.