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As Cybercast News Service previously reported, Michael Schiavo, his brother and sister-in-law claim that Terri told them she would not want to be sustained by life-prolonging medical intervention such as a feeding tube. As late as Thursday afternoon, Pinellas County Circuit Court Judge George Greer maintained that there was no question that testimony was valid.

"By clear and convincing evidence, it was determined she (Terri) did not want to live under such burdensome conditions and that she would refuse such medical treatment-assistance," Greer wrote in his decision barring the Florida Department of Children and Families from placing Terri in adult protective custody.

But the Schiavos' claims are disputed by the testimony of Terri's friends and family members, and by the tenets of the Catholic Church, of which Terri was a devout follower. Additionally, nurses who cared for Terri when she was receiving therapy and rehabilitation in the immediate aftermath of her brain injury have testified that Michael Schiavo repeatedly told them he had no idea how his wife would want him to proceed.

Those nurses say Michael Schiavo's attitude and "memory" of Terri's wishes changed, however, once he began dating and received $1 million from the award and settlement in the medical malpractice lawsuit he filed on Terri's behalf.

Schiavo never mentioned Terri's alleged wishes during his testimony in that lawsuit. He did testify in those proceedings that, if he prevailed, he would spend the rest of his life - and any money awarded to him - caring for Terri.

Destro believes proving the conflict of interest would establish that the Florida court violated Terri's constitutional right to due process by reaching its decision based on testimony that should have been considered suspect.

"What we're saying is that the centerpiece of (Michael Schiavo's) case in Florida was the testimony that he, his brother and sister-in-law brought into the case," Destro said. "If you undermine the testimony, the whole basis of Mr. Felos' argument collapses."

As of 1:45 a.m. (Eastern) Friday, Whittemore had not publicly released a decision on the Schindler's newest complaint.

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