Florida Court Issues Emergency Stay in Schiavo Case -- GOPUSA

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Florida Court Issues Emergency Stay in Schiavo Case
By Jeff Johnson
CNSNews.com Senior Staff Writer
February 23, 2005

(1st Add: Includes comments from the Schindler family.)

(CNSNews.com) -- The Florida circuit court that has twice previously given Michael Schiavo permission to remove his wife's feeding tube issued an emergency stay Tuesday afternoon, barring him from taking any action before 5:00 p.m. (EST) Wednesday.

The Florida Second District Court of Appeals had lifted a previous stay at 1:00 p.m. (EST). That action would have allowed Pinellas-Pasco County Circuit Court Judge George Greer to set a new date for Schiavo to withhold nutrition and hydration from Terri Schindler Schiavo. Greer instead issued an emergency stay at 1:45 p.m. according to a handwritten note above his signature on the order. Greer has twice previously authorized Schiavo to remove Terri's feeding tube.

The latest stay means that a hearing previously scheduled for Wednesday at 2:45 will take place before Schiavo can give the order to cut off Terri's nutrition and hydration.

After Greer ordered the stay, the Schindler family issued a statement expressing their gratitude and saying that they "continue to be hopeful that the court will allow the numerous, outstanding legal issues in Terri's case to be resolved."

"Recent advances in neurological testing may be better suited to determining Terri Schiavo's true cognizant state," the family stated, adding that the Schindlers "would like them to be made available so that no doubt about their daughter's condition remains."

The statement said the Schindler family believes that Terri's husband should welcome the opportunity "to resolve unanswered questions about Terri's neurological state before any further action to remove her food and fluids is carried out."

The Schindlers indirectly asked Michael Schiavo to "allow his wife due process and refrain from further pursuit of her death" until the court can determine whether further neurological testing is appropriate.

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