Robert and Mary Schindler v. Michael Schiavo, Emergency Stay of Enforcement of Judgment Below Pending Certiorari, filed in the Supreme Court of the United States, March 17, 2005. Excerpt:
On February 25, 2005, the Probate Division of the Circuit Court of Pinellas County, Florida, entered an order mandating the removal of nutrition and hydration from Theresa Marie Schiavo in order to cause her death....Read the full text of the petition [PDF; later denied]. Reported in JURIST's Paper Chase here.
The Florida Court of Appeal, Second District, entered its order denying a stay on Wednesday, March 16, 2005 at approximately twelve o'clock (12:00) p.m. (EST). Under Florida appellate procedure, this order operates as the final judgment of the Florida courts. No direct or discretionary appeal to the Florida Supreme Court is available. As a result, there is insufficient time to file a printed petition for Writ of Certiorari in the above-captioned cause before the order to withhold Ms. Schiavo's nutrition and hydration takes effect.
On February 28, 2005, Petitioners filed a Motion to Stay Proceedings with the Florida Court of Appeal, Second District (App. 3, pp. 30-52), in which they requested that court to stay further proceedings in the case pending the filing of their Petition for Writ of Certiorari in the United States Supreme Court. The Court of Appeal denied the stay on March 16, 2005. (App. 2, p. 18-29.)
If execution of the Probate Division's order is not stayed, Theresa Schiavo's feeding tube will be removed at 1:00 p.m. on Friday, March 18, 2005, and she will slowly begin to die of starvation and dehydration before this Court is able to consider the merits of the Petition for Writ of Certiorari.