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Bush V. Schiavo Case Study

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Bush V. Schiavo Case Study
Bush v Schiavo 885 So. 2d 321 (2004)
a. Plaintiff: Jeb Bush, Governor of Florida
b. Defendant: Michael Schiavo, Spouse of Theresa Schiavo

II. Court Decision By: Supreme Court of Florida

III. Procedural History: Mr. Schiavo requested the guardianship court to permit him to end the life-prolonging procedures that were supporting his wife, who was in a persistent vegetative state. Theresa Schiavo’s parents, Robert and Mary Schindler, opposed the motion and brought the case in to trial. After the court granted Mr. Schiavo to end the life-prolonging procedures, the case was brought to the appellate level which affirmed the decision. Although the guardianship court’s order was affirmed during the appeal, allowing Mr. Schiavo to stop the procedures, the litigation continued because Mr. and Ms. Schindler’s filed a motion for relief from judgment under Florida Civil Procedure and in civil division of the circuit court. The Second District agreed to review the evidence but ultimately affirmed the guardianship court’s decision in the end and gave Mr. Schiavo permission to remove Theresa’s nutrition tubes. However, six days later, under the Legislative enactment, Governor Bush sigh the Act of the Legislative into law and ordered Theresa Schiavo to continue staying on nutrition
…show more content…
Case Facts: Michael and Theresa Schiavo married on November 10, 1984. They were in a happy relationship and had no children. However on February 25, 1990, Theresa Schiavo had a cardiac arrest from potassium imbalance and hasn’t gained consciousness since. Her life was dependent on feeding tubes and constant care. Throughout the years, Michael maintained a good relationship with Theresa’s parents, Robert and Mary Schindler. However their relationship ended when they stopped talking in 1993. On May 1998, Michael requested the guardianship court to allow him to end the life-prolonging procedures that had kept Theresa alive. Mr. and Mrs. Schindler opposed the petition and went through

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