'Rule 12 motion' Tagged Posts
Episcopal Parties Make Final Filings in Preparation for January 14 Hearings
On Tuesday, January 11, 2011, in preparation for the upcoming hearings in the 141st District Court of Tarrant County, the Episcopal Parties filed various responses and objections to the filings of the Southern Cone parties. The following motions are set for hearing on Friday, January 14: Episcopal and Southern Cone competing motions for summary judgment, Episcopal Congregations’ motion for continuance, Bishop Ohl’s motion to compel production of documents, and Episcopal Rule 12 motions challenging the authority of the attorneys for…
Episcopalians Challenge Authority of Attorneys for Breakaway Factions
The Episcopal parties filed motions in the 141st District Court of Tarrant County to challenge the authority of the attorneys for the break-away Southern Cone factions. The motions seek to strike the pleadings of these attorneys who claim to represent the historic Episcopal Diocese of Fort Worth and historic entities of the diocese. The motions state two grounds for declaring that the attorneys are not authorized to represent the entities they claim to represent: First, the breakaway-faction attorneys lack authority…
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…
Court Filings in Fort Worth by Southern Cone Parties
In a continuing effort to delay a hearing on the merits of the case, Defendant Jack Iker and other former diocesan leaders on November 13 filed a petition for writ of mandamus with the Second Court of Appeals in Fort Worth, seeking a review of Judge John Chupp’s October 2 ruling on their Rule 12 motion. The court issued a temporary stay of the proceedings in the trial court. The Episcopal plaintiffs and their counsel will file responses. Additionally, on…