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<DIV>On Tue, 22 Mar 2005 17:25:09 -0500 <A
href="mailto:gcfl-discuss@gcfl.net">gcfl-discuss@gcfl.net</A> writes:</DIV>
<BLOCKQUOTE
style="BORDER-LEFT: #000000 2px solid; MARGIN-LEFT: 10px; PADDING-LEFT: 10px">
<DIV><FONT color=#0000ff face=Arial><SPAN
class=071291722-22032005>Siarlys</SPAN></FONT></DIV>
<DIV><FONT color=#0000ff face=Arial><SPAN class=071291722-22032005>Are you
saying that that bill of impeachments, purporting to list sections of
Florida's codes was false? </SPAN></FONT></DIV>
<DIV><FONT color=#0000ff face=Arial><SPAN class=071291722-22032005>Are there
no safeguards in the Florida law to prevent conflict of interest between
guardian and ward?</SPAN></FONT></DIV>
<DIV><FONT color=#0000ff face=Arial><SPAN class=071291722-22032005>I've no
doubt that you looked it up, unlike the rest of us.</SPAN></FONT></DIV>
<DIV><FONT color=#0000ff face=Arial><SPAN class=071291722-22032005>
<P><FONT face="Kaufmann Bd BT" size=5>greenBubble</FONT>
</P></SPAN></FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#0000ff face=Arial></FONT> </DIV>
<DIV><FONT color=#ff0000>Without looking up every Florida statute cited, the
very length of the petition demonstrates that the authors of the petition are
more interested in accumulating every plausible turn of phrase they can find
to bolster a contrived pretext, than they are insightful at finding a sound
legal foundation. A good lawyer doesn't run on and on for dozens of pages. A
good lawyer has one or two plain and simple legal citations that are directly
to the point, and presents them concisely. The petition is extremely
repetitive.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#ff0000>The theme that runs through this over and over is
that Mr. Schiavo is not a proper "guardian." The crude paraphrases in the
petition reflect legal standards for a guardian who is appointed in a specific
situation where none exists, such as an orphan or a single adult with severe
Alzheimer's disease -- a guardian appointed by the court. It is not evident
from the language of the petition that Florida law in fact requires a husband
to file periodic accounting with the court on the affairs of his wife.
Likewise, it is not evident that a husband has to account for community
property in the manner that a distinct and disinterested guardian
would.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#ff0000>The only argument that impressed me is that Schiavo
is living with and has children by another woman. But that was not the case
when the controversy began. It is the case BECAUSE her parents have dragged
the case out so long. I don't believe that a judge has to disqualify a husband
just because a case has been dragged out for a long time.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#ff0000>The petition is a long-winded way of saying "we
disagree with the outcome of this case, and want to punish the judge for
deciding it differently than we would have chosen to do." It is a lot of fluff
and nonsense. If the full text of the judge's decisions are available on line
(most states only post published appellate decisions) then we could all
evaluate his reasoning. Without reading the actual decision, and seeing what
the legal basis is, I don't believe any of us have done the homework to
justify ourselves in signing such a petition. If anyone has a copy, we could
all study it and then continue this discussion in an informed
manner.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#ff0000>Siarlys</FONT></DIV></BLOCKQUOTE></BODY></HTML>