Today, the 2nd DCA denied the Schindlers' motion to withhold their mandate, which is expected to be issued tomorrow morning, Tuesday - February 22, 2005.
Upon learning of this, attorney George Felos contacted the Schindlers' attorney to inform him that he intended to instruct the staff at Hospice to remove Terri Schiavo's food and fluids at 1.00pm ET on Tuesday, February 22.
The Schindlers' attorney, David Gibbs, filed an emergency motion today for clarification and temporary stay, asking that the court direct no further action be taken until the rescheduled hearing on Wednesday, February 23, 2005 at 2.45pm ET. Mr. Gibbs also asked Mr. Felos if he and his client would refrain from instructing caregivers to remove food and fluids from Terri. Mr. Felos refused, stating that he was under instructions from his client.
Judge George Greer has declined to rule on the Schindlers' motion for clarification and stay until 1.00pm tomorrow, the same time Mr. Felos has declared Terri's tube will be removed. It is the opinion of the Schindlers and their attorneys that Mr. Schiavo has no authority to instruct such an action without a specific court order that mandates the date and time of such action. Mr. Felos does not agree.
Mr. Felos also wrote to the Judge Greer, claiming he no longer had jurisdiction and that his client will have Terri's tube removed.
Related Documents:
Emergency motion for clarification and stay - http://www.terrisfight.org/documents/022105emmot.pdf
2nd DCA's denial of motion to withhold stay - http://www.terrisfight.org/documents/0221052dca.pdf
Felos' Letter to Judge Greer- http://www.terrisfight.org/documents/022105felos.pdf
Source: The Terri Schindler-Schiavo Foundation
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