SCHIAVO, ELEVENTH CIRCUIT, Docket No. CV-05-00530-T

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 05-11556 D. C. Docket No. CV-05-00530-T, FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT March 23, 2005 THOMAS K. KAHN CLERK

THERESA MARIA SCHINDLER SCHIAVO, incapacitated ex rel, Robert Schindler and Mary Schindler, her parents and next friends, Plaintiffs-Appellants,

versus

MICHAEL SCHIAVO, as guardian of the person of Theresa Marie Schindler Schiavo, incapacitated, JUDGE GEORGE W. GREER, THE HOSPICE OF THE FLORIDA SUNCOAST, INC., Defendants-Appellees.

Appeal from the United States District Court for the Middle District of Florid (March 23, 2005)

Before CARNES, HULL, and WILSON, Circuit Judges. PER CURIAM:

Plaintiffs have appealed the district court’s denial of their motion for a temporary restraining order to require the defendants to transport Theresa Marie Schindler Schiavo to a hospital to reestablish nutrition and hydration and for any medical treatment necessary to sustain her life, and to require the state court judge defendant to rescind his February 25, 2005 order directing removal of nutrition and hydration from Schiavo and to restrain him from issuing any further orders that
would discontinue nutrition and hydration. After notice and a hearing, the district 1 court entered a careful order which is attached as an Appendix to this opinion. Plaintiffs have also petitioned this Court to grant the same injunctive relief under the All Writs Act, 28 U.S.C. § 1651(a).

Although we ordinarily do not have jurisdiction over appeals from orders granting or denying temporary restraining orders, in circumstances such as these, “when a grant or denial of a TRO might have a serious, perhaps irreparable, consequence, and can be effectually challenged only by immediate appeal, we may exercise appellate jurisdiction.” Ingram v. Ault, 50 F.3d 898, 900 (11th Cir. 1995) (internal citations, marks, and ellipsis omitted); see also United States v. Wood, 295 F.2d 772, 778 (5th Cir. 1961). In these circumstances we treat temporary restraining orders as equivalent to preliminary injunctions or final judgments, either of which are appealable. See 28 U.S.C. §§ 1291 & 1292(a)(1). FULL TEXT In PDF Format Docket No. CV-05-00530-T