Brain Damaged Woman

By: Associated Press
By: Associated Press

The husband of a severely brain-damaged woman is asking a judge NOT to delay a lawsuit challenging the state law ordering reinsertion of her feeding tube.

Michael Schiavo has sued Bush to challenge the constitutionality of the hastily passed state law. It authorized the governor to order Terri Schiavo's feeding tube reinserted on October 21st, after a court order allowed it to be removed.

An attorney for Bush has tried to block the lawsuit on procedural grounds. That appeal triggered an automatic stay of Michael Schiavo's action, prompting attorney George Felos to file a motion Wednesday to override the stay so the case can move forward.

Officials in Bush's office have denied trying to delay the case, saying that they are just trying to make Felos follow the rules. They claim he failed to properly serve the governor with a copy of the lawsuit and that he should have filed it in Tallahassee where Bush is based.

A hearing on the latest motion has NOT yet been set.

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