'John Chupp' Tagged Posts
Diocesan litigation moves forward in two courts
At a hearing on Thursday, April 24, 2014, Judge John P. Chupp of the 141st District Court denied the Episcopal Parties’ motion to stay, or stop, proceedings in the diocesan case in the district court and granted the breakaway ACNA parties’ motion to set aside the supersedeas order that had imposed conditions for the ACNA parties to maintain possession of the church property during appeal. The breakaway parties agreed to give notice before selling any church property in their possession. This ruling…
Texas Supreme Court agrees to hear Fort Worth Episcopal dispute
By Patrick M. Walker of the Fort Worth Star-Telegram The nearly 4-year-old property dispute between the two groups that claim to be the Episcopal Diocese of Fort Worth is heading to the Texas Supreme Court. Justices agreed last week to hear oral arguments Oct. 16, the same day the state’s highest civil court was already set to hear a similar case involving an Episcopal church in San Angelo. A group headed by Bishop Jack Iker made a direct appeal to…
Change in Scope of April 28, 2011 Hearing
In a telephonic hearing on April 27, 2011, Judge John P. Chupp told the parties that, on April 28 at 2 p.m., he will hear the parties’ arguments about whether to allow the Episcopal Parties to conduct discovery on the factual issues raised in Defendants’ Motion to Set Supersedeas Bond and the Local Episcopal Parties’ Motion to Continue Hearing on Supersedeas and for Additional Protection. He indicated that the parties should not bring witnesses to put on testimony about the…
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…
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…
Court severs February 8, 2011 Order for Appeal
On February 8, 2011, the Honorable Judge John P. Chupp affirmed that the loyal Episcopal parties recognized by The Episcopal Church are the legally entitled representatives of the Episcopal Diocese of Fort Worth and its historic churches. On April 5, 2011, the Court severed its February 8, 2011 Order, allowing the parties to appeal that part of the case, while staying (or postponing) the remaining issues. This ruling enables the Fort Worth Court of Appeals to review the trial court’s…
Local Episcopal Parties File New Pleadings and Supplemental Motion for Partial Summary Judgment
On March 31, 2011 the Local Episcopal Parties filed amended pleadings in the 141st District Court of Tarrant County, Texas. The pleadings (1) add a new defendant, Jude Funding, Inc., and (2) seek supplemental declarations and injunctive relief consistent with the Court’s February 8, 2011 partial summary judgment. A more detailed list of the requested relief is in the “Relief Requested” sections of (1) Local Episcopal Plaintiffs’ Seventh Amended Original Petition and (2) the Fifth Amended Answers and Counterclaims to the…
Statement on 3/31/11 Hearing before Judge John P. Chupp
On March 31, 2011 Judge John P. Chupp heard arguments on the Southern Cone Parties’ Motion to Sever and Stay Proceedings. The judge declined to rule from the bench and announced that he wanted to review new filings before ruling. The Southern Cone Parties argued that the Judge should sever out the claims addressed in the partial summary judgment granted on February 8, 2011 for an immediate appeal and stop all further action in the case. In their Response to…
Amended Order Entered on Motions for Summary Judgment
After a hearing on February 8, 2011, the Hon. John P. Chupp, judge of the 141st District Court of Tarrant County, Texas, entered an amended order affirming his rulings on January 21, 2011 in a form agreed to by all the parties. A copy of the order is below. Amended Order on Church and Local Episcopal Parties’ Motion for Summary Judgment 020811 The order reaffirms that the court grants the motions for summary judgment filed by the Episcopal Parties (Episcopal…
Judge Grants Episcopal Parties’ Motions for Summary Judgment, Orders Surrender of Diocesan Property
On Friday, January 21, 2011, the Hon. John P. Chupp of the 141st District Court, Tarrant County, Texas, granted the Local Episcopal Parties’ and The Episcopal Church’s Motions for Summary Judgments. He denied the Southern Cone parties Motion for a Partial Summary Judgment. The orders can be seen here. The Court orders provide in part that the defendants, including Bishop Jack L. Iker, “surrender all Diocesan property, as well as control of the Diocesan Corporation, to the Diocesan plaintiffs and to…
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