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Florida appeals court refuses to delay Schiavo tube removal

[JURIST] Lakeland, Florida's Second District Court of Appeal [official website] Wednesday refused to block the removal of Terri Schiavo's [JURIST Newsmaker archive] feeding tube, which is currently scheduled to be removed Friday afternoon. The court denied a request by Schiavo's parents to delay removal while they pursue further appeals and also denied a request for a new trial. In the court's opinion [PDF text] Judge Chris Altenbernd said "Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process." Also Wednesday, the appeals court granted a motion [Order text, PDF] brought by the Florida Department of Children and Family Services expediting DCF's appeal of a circuit court's rejection of DCF's attempt to intervene [JURIST report] in the right-to-die case. However, the court denied DCF's request to stay or enjoin the removal of Schiavo's feeding tube. Meanwhile, Florida both houses of the Florida Legislature are scheduled to consider competing bills Thursday that would prevent Schiavo's husband from having the feeding tube removed. AP has more.

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