Posts from 2010 (Page 2)
Second Court of Appeals issues opinion on procedural matters
The Second Court of Appeals in Fort Worth issued an opinion late Friday, June 25, granting the Southern Cone parties’ petition for writ of mandamus regarding the order of the 141st District Court ruling on the Southern Cone parties’ Rule 12 motion. The Court’s decision said there is one Episcopal Diocese of Fort Worth and one Corporation of the Diocese of Fort Worth. The procedural ruling was based on Texas Rule of Civil Procedure 12 and expressly was not a…
Virginia Supreme Court Rules for Episcopal Church and Diocese of Virginia
The Supreme Court of Virginia issued an opinion on June 10, 2010 in favor of The Episcopal Church and the Diocese of Virginia. The decision addressed a dispute over the property of nine parishes whose leaders had left The Episcopal Church and had affiliated with the Anglican Province of Nigeria and its Convocation of Anglicans in North America (“CANA”). This decision turned on whether the specific dispute involving those parishes authorized those former Episcopalians to invoke the remedies of a…
Hearing in 355th District Court in Hood County
At a hearing on Wednesday, June 2, 2010, in the 355th District Court in Hood County, attorneys for the Episcopal Diocese of Fort Worth and attorneys for the Southern Cone entities presented arguments on several procedural matters in the case regarding St. Andrews Episcopal Church and the Cynthia Brants Trust. The Honorable Ralph H. Walton, Jr., ruled in favor of the Southern Cone entities on two matters and agreed to hear motions for summary judgment from both parties at the…
Court of Appeals heard oral arguments on the mandamus proceeding
The Second Court of Appeals heard oral arguments on the mandamus proceeding for the Tarrant County case on Tuesday, April 27. Both sides presented their statements with few questions from the panel of three judges. There is no deadline for the court to issue its ruling, which could come any time in the next few months. You can hear the entire proceeding here using the date April 27, 2010 and case number 02-09-405-CV.
Court of Appeals sets date for oral arguments on mandamus proceeding
The Court of Appeals has set oral argument on the mandamus proceeding for the Tarrant County Case for Tuesday, April 27, 2010 at 1:30 p.m. Click here to read a copy of the order.
Court of Appeals has ordered oral arguments on petition for mandamus
The Court of Appeals has ordered oral argument on the petition for mandamus but has not yet set a date for that argument. When that information is available we will update the website.
Diocese files response in Court of Appeals regarding mandamus
A response was filed on March 3 in the Court of Appeals regarding the mandamus proceeding out of the Tarrant County case. Note that it includes in the appendix a copy of the summary judgment out of the San Angelo case. Click here to read the full text of the response.
U.S. Supreme Court denies petition to hear La Crescenta property case
[ Episcopal News, Los Angeles] The U.S. Supreme Court today announced that it has denied a petition to hear an appeal from a breakaway congregation seeking claim to the property of St. Luke’s Episcopal Church of La Crescenta, California. The court posted its action, together with dozens of other petitions denied, on its web site. Meeting in conference on Feb. 26, the high court declined to hear the petition filed by St. Luke’s Anglican Church of La Crescenta, whose members voted…
Diocese of San Joaquin seeks return of property held by breakaway congregation
By Pat McCaughan, February 10, 2010 [Episcopal News Service] The Episcopal Diocese of San Joaquin went back to court Feb. 8 in an attempt to regain parish property held by a breakaway congregation, according to a diocesan press release. “Unfortunately, such litigation became necessary after the invitations of the diocesan bishop, the Rt. Rev. Jerry Lamb, to discuss the orderly return of the Churches were largely ignored,” according to the Feb. 10 release. “It is particularly disappointing given the recent…
Judge orders property returned to Episcopal Diocese of Pittsburgh
By Mary Frances Schjonberg, February 01, 2010 [Episcopal News Service] A judge has told the organization headed by former bishop Robert Duncan that claims to have withdrawn from the Episcopal Church in 2008 that it must turn over control of the Diocese of Pittsburgh‘s assets. In a Jan. 29 order County Court of Common Pleas Judge Joseph M. James accepted as accurate an inventory of diocesan property submitted by a “special master” he had appointed earlier and told Duncan’s organization…
Diocese files response to petition for writ of mandamus
On January 19, 2010 the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth, and their attorneys filed with the Fort Worth Court of Appeals their response to the Southern Cone parties’ petition for writ of mandamus. Here is a copy of the response. The mandamus action arises out of the Tarrant County case in which the Southern Cone defendants challenged Judge Chupp’s September 16, 2009 order. The court of appeals can rule in the…
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