[GCFL-discuss] Judge George W. Greer FL 6 Cir.

[gcfl-discuss at gcfl.net]

On Tue, 22 Mar 2005 17:25:09 -0500 gcfl-discuss at gcfl.net writes:
Siarlys
Are you saying that that bill of impeachments, purporting to list
sections of Florida's codes was false?  
Are there no safeguards in the Florida law to prevent conflict of
interest between guardian and ward?
I've no doubt that you looked it up, unlike the rest of us.
greenBubble 

 
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.

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.

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.

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.

Siarlys
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.gcfl.net/pipermail/gcfl-discuss/attachments/20050322/0f0a14c5/attachment.html