In re Guardianship of Schiavo

• Decision Date: 11 July 2001
• Docket Number: No. 2D01-1836, No. 2D01-1891., No. 2D00-1269, No.
• Parties: In re GUARDIANSHIP of Theresa Marie SCHIAVO, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellant, v. Robert Schindler and Mary Schindler, Appellees.
• Court: Florida District Court of Appeals

792 So.2d 551

In re GUARDIANSHIP of Theresa Marie SCHIAVO, Incapacitated.

Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee.

Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellant, v. Robert Schindler and Mary Schindler, Appellees.

Nos. 2D00-1269, 2D01-1836, and 2D01-1891.

District Court of Appeal of Florida, Second District.

July 11, 2001.

Joseph D. Magri of Merkle & Magri, P.A., Tampa, for Appellants/Appellees, Robert Schindler and Mary Schindler.

George J. Felos of Felos & Felos, P.A., Dunedin, for Appellee/Appellant, Michael Schiavo.

ALTENBERND, Judge.

In these three related cases involving the pending guardianship proceeding of Theresa Marie Schiavo, we conclude that a final order entered in a guardianship adversary proceeding, requiring the guardian to discontinue life-prolonging procedures, is the type of order that may be challenged by an interested party at any time prior to the death of the ward on the ground that it is no longer equitable to give prospective application to the order. See Fla. R. Civ. P. 1.540(b)(5). In most, if not all circumstances, the interested party should challenge the final order by a motion for relief from judgment filed in the adversary proceeding in the guardianship. In the rare event that an independent action might be required to challenge such an order under Florida Rule of Civil Procedure 1.540, that independent action must be filed as an adversary proceeding within the guardianship. At this time, Robert and Mary Schindler, Mrs. Schiavo's parents, have not filed a facially sufficient motion for relief from the order discontinuing life-prolonging procedures. Thus, in appellate case number 2D01-1836, we affirm the guardianship court's denial of the Schindlers' motion for relief from judgment because the motion filed was facially insufficient. On remand, however, we provide the Schindlers with an opportunity to file, if appropriate, a revised motion for relief from judgment pursuant to rule 1.540(b)(5) on the basis that it is no longer equitable that the order should have prospective application. We caution, however, that any proceeding to challenge a final order on this basis is extraordinary and should not be filed merely to delay an order with which an interested party disagrees or to retry an adversary proceeding. The interested party must establish that new circumstances make it no longer equitable to enforce the earlier order. In this case, if the Schindlers believe a valid basis for relief from the order exists, they must plead and prove newly discovered evidence of such a substantial nature that it proves either (1) that Mrs. Schiavo would not have made the decision to withdraw life-prolonging procedures fourteen months earlier when the final order was entered, or (2) that Mrs. Schiavo would make a different decision at this time based on developments subsequent to the earlier court order.

In appellate case number 2D01-1891, we reverse a temporary injunction entered by a judge of the general civil division. That injunction was entered in a separate action filed by the Schindlers against Mr. Schiavo, the ward's husband. The order granting the injunction lacked the necessary findings. Moreover, the pleadings and the evidence supporting the injunction were insufficient. To the extent that this separate action was intended as an independent action seeking relief from the guardianship order pursuant to rule 1.540, that action, and any motion seeking a temporary injunction related to it, must be filed as an adversary proceeding within the guardianship.

Finally, in appellate case number 2D00-1269, the case number for the original appeal of the guardianship court's order authorizing the discontinuation of life-prolonging procedures, we deny the motion to enforce mandate filed by Mr. Schiavo.

As discussed at the end of this opinion, on remand, the guardianship court should make all efforts to expedite these postjudgment challenges.

I. THE FACTS

On February 11, 2000, after Theresa Marie Schiavo had been in a persistent vegetative state for nearly a decade, the guardianship court entered an order pursuant to chapter 765, Florida Statutes (2000), and In re Guardianship of Browning, 568 So.2d 4 (Fla.1990), determining by clear and convincing evidence that Mrs. Schiavo would then elect to cease life-prolonging procedures if she were competent to make her own decision.¹ The guardianship court authorized her husband and legal guardian, Michael Schiavo, to discontinue the life-prolonging procedures. Mrs. Schiavo's parents, Robert and Mary Schindler, were interested parties in the guardianship proceeding and they appealed the order. This court affirmed that decision in January 2001, and denied rehearing on February 22, 2001. In re Guardianship of Schiavo (Schindler v. Schiavo), 780 So.2d 176 (Fla. 2d DCA 2001)

. The Florida Supreme Court denied review of the case on April 23, 2001. The guardianship court then authorized Michael Schiavo, as guardian, to discontinue the life-prolonging procedures. Those procedures were discontinued on April 24.

Almost as soon as the procedures were discontinued, the Schindlers were informed of new evidence that they believe establishes that their daughter would either not have made that decision fourteen months earlier at the time the original order was entered, or that she would make a different decision at this time. On April 26, 2001, the Schindlers filed a motion for relief from judgment in the guardianship proceeding. That motion alleged that the Schindlers had discovered new evidence in the form of testimony from a new witness. According to the motion, this witness was a former girlfriend of Mr. Schiavo. She allegedly would testify that Mr. Schiavo told her that Mrs. Schiavo and Mr. Schiavo never discussed what Mrs. Schiavo's wishes would be in her present condition. The motion alleged that this testimony was contrary to Mr. Schiavo's testimony at trial, and that it might prove Mr. Schiavo committed perjury in the proceedings. The Schindlers attached two affidavits to the motion. Neither of these affidavits was executed by the witness. Instead, the affidavits were given by Mr. Schindler and by a private investigator hired by Mr. Schindler, and contained hearsay allegations regarding what this potential witness told them.²

The guardianship proceeding had been assigned to Judge Greer for several years. He is the judge who heard and evaluated the evidence in the proceeding to discontinue life-prolonging procedures in February 2000. He reviewed the motion for relief from judgment and entered an order denying it. The order denying the motion found that the only two grounds for the motion were intrinsic fraud and newly discovered evidence. The trial court did not reach the merits of this motion, but denied it as untimely, because a motion made upon either of these two grounds must be filed within a year of the entry of the final order or judgment from which relief is sought. See Fla. R. Civ. P. 1.540(b)(2), (3).

After the guardianship court denied this motion, the Schindlers immediately filed a separate action in the general civil division of the circuit court. The "verified complaint" filed in this separate action appears to have been prepared by a lawyer, but it was signed only by Mr. and Mrs. Schindler. Oddly, in the acknowledgment, the notary affirmatively states that the Schindlers did not swear to the facts of the complaint under oath.

In this complaint, the Schindlers attempted to bring suit as the "natural guardians" of Theresa Marie Schiavo, even though they know she is an adult, married daughter with an appointed legal guardian and a pending guardianship proceeding. The complaint initially sued Mr. Schiavo, individually, and did not sue him in his capacity as legal guardian. The complaint alleged that certain actions had been taken by Mr. Schiavo in his care of Mrs. Schiavo. These actions appear to be matters that had been presented at earlier times before Judge Greer. The complaint then alleged that after the entry of Judge Greer's final order in February 2000, the Schindlers had discovered a new witness, Mr. Schiavo's former girlfriend, who would testify that Mr. Schiavo perjured himself during the initial trial when he testified that he and Mrs. Schiavo had discussed her desires regarding extraordinary life-prolonging procedures. According to the complaint, Judge Greer had found Mr. Schiavo's perjured testimony credible and had relied upon it in making a decision within the guardianship proceeding. After briefly setting forth the factual allegations, the last two paragraphs of the complaint alleged, in pertinent part: "Defendant has engaged in an intentional, outrageous, deceptive, and intolerable course of conduct that amounts to perjury and fraud on the court.... This course of conduct has caused the Plaintiffs a decade-long ordeal... and has caused Plaintiffs extraordinary mental anguish, suffering and virtually total disruption of their lives." In the ad damnum clause, the Schindlers demanded "judgment for damages" and requested a jury trial.

Along with the complaint, the Schindlers filed a motion for emergency temporary injunction. This very terse motion, which was signed by an attorney, alleged that Mrs. Schiavo was in imminent danger of death, which death would cause irreparable injury to the Schindlers, and that Mrs. Schiavo should be kept alive until the court could resolve the issues presented in the complaint. The motion sought an order requiring Mr. Schiavo to resume the life-prolonging medical treatments.

Under the standard procedures for assignment of civil cases, this lawsuit was assigned to Judge Quesada. He received the pleading during the afternoon of April 26, 2001. Judge Quesada provided immediate notice to Mr. Schiavo's attorney and convened an emergency hearing at 7:15 p.m. that evening....