· "MICHAEL SCHIAVO, as Guardian of the Person of Theresa SCHIAVO, shall notify in writing any nursing home, which now or in the future provides care or medical services for THERESA SCHIAVO that he has no objections to the nursing home discussing THERESA SCHIAVO's medical condition with ROBERT SCHINDLER or MARY SCHINDLER. MICHAEL SCHIAVO shall promptly provide ROBERT SCHINDLER and MARY SCHINDLER a copy of any neurological reports regarding THERESA SCHIAVO. In addition, MICHAEL SCHIAVO agrees to inform ROBERT SCHINDLER and MARY SCHINDLER as to any significant changes in THERESA SCHIAVO's medical condition."
The Motion was apparently triggered by incidents occurring in February 2004.
Fla.R.Crim.P.3.840(a) provides that a judge, based on the affiddavit of a person "having knowledge of the facts", may issue an Order to Show Cause. While Mrs. Schindler's reason for not disclosing the souces of her information is understandable, the Rule nevertheless requires personal knowledge. See Hagan v. State, 853 So.2d 595 (Fla. 5th DCA 2003). On the face, the affidavits submitted in support of the Motion for an Order to Show Cause do not demonstrate personal knowledge by the movant, MARY SCHINDLER or by HEIDI LAW, the other affiant, of noncompliance with the 1996 Order. While Mary Schindler does in the second sentence of paragraph 7 of her March 23, 2004 affidavit speak with personal knowledge, that knowledge is predicated upon the hearsay statement of the preceeding sentence. Therefore it is