Legal News (Page 5)
This section provides a historical record of legal actions regarding the Episcopal Diocese of Fort Worth.
In addition to news articles below, the Texas judicial system maintains a list of each action on the case related to our diocese on their page, along with links to documents.
Click here to view the court’s records related to this case.
Statement from the President of the Standing Committee regarding amicus brief
Seven Episcopal Bishops File Amicus Brief Against Diocese, Claim “Hierarchy Stops With Me” Dear Friends in Christ, Many of you have heard that seven bishops (two retired and five active) have filed an amicus brief in support of Bishop Iker’s action currently before the Texas Supreme Court. This saddens us all for multiple reasons. Please know that the leadership in the Diocese is exploring an appropriate response to such a shameful action by these members of the House of Bishops. Also, please…
National Churches Support Texas Episcopalians in Amicus Briefs Filed with Texas Supreme Court
Several national churches have joined The Episcopal Church and Texas dioceses in filing amicus curiae (“friend of the court”) briefs with the Texas Supreme Court, in support of the Episcopal Diocese of Northwest Texas and the loyal Episcopalians at Good Shepherd Episcopal Church in San Angelo. That case,Masterson v. Diocese of Northwest Texas (“Masterson”), is set for oral argument before the Court on February 29, 2012 in Laredo. On February 16, The Episcopal Church filed a separate brief in support…
US Supreme Court issues decision in Lutheran case
On January 11, 2012 the U.S. Supreme Court decided HOSANNA–TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al. A copy of the Court’s opinion is here. The Court declared that the ministerial exception bars an employment discrimination suit brought by a minister who challenged her church’s decision to fire her. The Court’s unanimous opinion also reaffirmed the long-standing constitutional principles, cited by the Episcopal Parties, that a hierarchical church’s rights to choose its local clergy and to…
Legal news from Diocese of Virginia
The trial court in Virginia ruled in favor of the Church and the Diocese regarding nine breakaway congregations, including the Falls Church and Truro churches. Read the full story, and read a copy of the opinion.
Texas Supreme Court Notes Probable Jurisdiction of Fort Worth Case
On January 6, 2012, the Texas Supreme Court noted probable jurisdiction of the breakaway defendants’ appeal from Judge John P. Chupp’s February 8, 2011 partial summary judgment in favor of The Episcopal Church and the local officials and congregations of the Episcopal Diocese of Fort Worth. The Texas Supreme Court will set a briefing schedule and date for oral argument. While the Local Episcopal Parties believe that this case does not fit within the “very limited,” “strictly construed” requirements for…
Statement on October 20, 2011 Order on Supersedeas and Injunctions
Court Protects All Episcopal Property and Accounts During Appeal: Signs Episcopal Parties’ Requested Order, Sets Six-Figure Bond, and Orders Monthly Financial Reporting from All Southern Cone Defendants On October 20, 2011, the Hon. Judge John P. Chupp signed an order setting the terms of a $100,000.00 supersedeas bond and imposing injunctions designed to protect all of the historic Church property during the breakaway faction’s appeal. Order on Defendants’ Motion to Set Supersedeas Bond and the Local Episcopal Parties’ Motion for…
New filings for hearing on October 20
In preparation for the hearing scheduled for October 20, the Episcopal Plaintiffs and the breakaway Defendants filed additional materials for the court’s consideration, including proposed orders: Plaintiffs’ Amended Motion to Tender Order, with proposed order (filed 10/13/11); Defendants’ Motion to Sign Supersedeas Order and for Temporary Injunction Relief, with proposed order (filed 10/13/11); (Please note that some of the pages are upside down, which is how the file itself was transmitted. We advise you to print the file and make…
Hearing Set on Supersedeas Bond and Injunction Pending Appeal
[Note: since hearing date was first announced, there has been a change. Due to a scheduling conflict of one of the breakaway Defendants’ attorneys, the hearing on the Local Episcopal Parties’ Motion to Tender Orders has been reset for Thursday, October 20, 2011 at 9:30 a.m. in the 141st District Court in Fort Worth.] Despite four months of negotiations, the parties have failed to reach an agreement on the conditions that the breakaway Defendants must meet in order to stop…
July 21 Hearing Rescheduled for July 28
The ten-minute hearing on the Local Episcopal Parties’ Motion to Tender Orders has been rescheduled from July 21 to July 28, 2011 at 9:00 a.m. in the Courtroom of the 141st District Court in Fort Worth.
Local Episcopal Parties Submit Proposed Orders to Judge Chupp
On June 24, 2011, the Local Episcopal Parties filed their Motion to Tender Orders with the 141st District Court of Tarrant County. The hearing on the motion is set for Thursday, July 21 at 10:30 a.m., for about ten minutes. On February 8, 2011, the Honorable Judge Chupp ruled – like courts across Texas and around the nation – that the breakaway defendants who left The Episcopal Church must cease holding themselves out as the Episcopal Diocese and must return historic Church…
Parties File Jurisdictional Statements in Texas Supreme Court
On June 16, 2011 the Episcopal Parties filed their response to the breakaway defendants’ statement of jurisdiction in the Texas Supreme Court. A copy of the breakaways’ statement is here; a copy of the Episcopal response is here. The Rt. Rev. C. Wallis Ohl, provisional bishop of Fort Worth, said, “We remain encouraged by Judge Chupp’s rulings in our favor. I know we all are eager to be reunited with those who have been separated from us, but I urge everyone…
Hearing on Supersedeas Recessed
At the hearing in May 19 on the supersedeas and injunction motions, Judge John P. Chupp heard testimony from witnesses for the Local Episcopal Parties, including experts on real property and forensic accounting; considered affidavits from the Defendants; and heard legal arguments from attorneys on both sides. Before announcing his ruling, Judge Chupp invited the parties to confer in the hope of reaching an agreement on these issues. The attorneys met in the jury room, with Bishop Ohl present, and…
Local Episcopal Parties Prepare for Hearing on Southern Cone Motion to Set Supersedeas Bond and Motion for Additional Protection
On 2:00 p.m. on Thursday, May 19, 2011, Judge John P. Chupp of the 141st District Court of Tarrant County, Texas will hear evidence and legal arguments on (1) the breakaway Defendants’ Motion to Set Supersedeas Bond and (2) the Local Episcopal Parties’ Motion for Additional Protection, both filed April 25, and (3) the Local Episcopal Parties’ Motion to Strike the Affidavits of Jane R. Parrott, filed May 16. On Tuesday, May 17, the Local Episcopal Parties filed their response…
Judge Chupp Resets Supersedeas Hearing for May 19, Orders Discovery
On April 28, Judge John P. Chupp granted in part the Local Episcopal Parties’ Motion to Continue and for Additional Protection and reset the hearing on the Defendants’ Motion to Set Supersedeas and the Local Episcopal Parties’ Motion for Additional Protection for May 19, 2011. Because the hearing has been continued for a date after May 5, he also, with agreement of the Episcopal parties, stayed (suspended) until further order the effective date of the permanent injunctions included in the…
Episcopalians Seek Additional Protection for Church Property While on Appeal
On April 25, 2011 the Southern Cone Parties filed in the 141st District Court of Tarrant County a motion to set supersedeas bond at zero dollars ($). The Texas Rules of Appellate Procedure provides a remedy for a party that appeals a judgment to stop the implementation of the judgment, e.g. surrendering possession of property, against them if they post a bond or provide other protection to the winning party. The Southern Cone Parties seek a direct appeal to the…
Litigation Heats Up in Several Courts
The litigation involving the Diocese, Corporation, Endowment Fund, and its parishes and missions against former leaders who left the Church is moving forward on several fronts in the past two weeks. On Wednesday, April 13, the Southern Cone parties filed their Notice of Direct Appeal to the Texas Supreme Court, seeking the Supreme Court’s review of Judge Chupp’s February 8, 2011 partial summary judgment in favor of the Episcopal Parties. A copy of the notice is here; a copy of the…