March 8, 2005

File No. 90-2908-GD-003

    This Cause came before the Court for hearing on March 7,2005 on Respondents’ Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means after the assisted nutrion and hydration are discontinued.  The Court heard the argument of Daniel C. Gibbs,III,Esq., for the Respondents, and of George J. Felos, Esq., for the Petitioner.

    Having also reviewed portions of declarations or affidavits of several doctors, which were submitted to the Court by Respondents, it has become clear that the motion is part and parcel of Respondents’ Fla.R.Civ.P Rule1.540(b)(5) motion on medical evaluations. The same declarations are being used for both motions and the motion appears to be an alternative pleading to the 1.540(b)(5) motion. Both are asking for an experimental procedure. The Court reasons that if the 1.540(b)(5) motion is granted, there is no need for this motion.  If the 1.540(b)(5) motion is denied, the Court should not do indirectly what it has not done directly. It is therefore

 ORDERED AND ADJUDGED that Resondents’ Emergency Expedited Motion for Permission to Provide Theresa Schiavo with Food and Water by Natural Means is DENIED.