Friday, March 25, 2005

Is Greer even qualified to decide Schiavo case?

An article in the Empire Journal notes the following:

In refusing to grant a stay of Greer’s death order, originally issued on Feb. 11, 2000, the DCA said that “it is beyond any question that the trial curt obtained lawful jurisdiction over the subject matter of this guardianship and person of Mrs. Schiavo”.

“The trial judge followed and obeyed the laws set out by precedent of the Supreme Court of Florida and by the general laws adopted by the Legislature”, the DCA said.

However, based on an investigation conducted by The Empire Journal , Pinellas County Probate Judge George Greer has NEVER had jurisdiction of the case as he failed to comply with Florida Statutes and the Florida Constitution by failing to qualify for office in 1998 and 2004 and possibly as early as 1992. According to public records, George Greer not only failed to qualify for office in a timely manner, but he failed to file the proper documentation as well as the proper oath of office.

By law, by failing to qualify for judicial office in 1998, Greer could not legally appear on the ballot and thus was not legally elected. Without legal title to the office, he lacked not only subject matter jurisdiction but any jurisdiction at all in the Schiavo case and all rulings would be void. In that he has never had legal title to the office, he cannot claim to be a de facto officer.

According to the DCA decision, the entire Schiavo matter has been based on the mistaken presumption that George Greer has had jurisdiction of the case when in fact he did not follow and obey the law as set out by precedent and state law.

However, the Schindler attorneys have not raised the jurisdictional issue.



Hat tip to Stacy from Unto the Breach