Posts from December 2010

Posts from December 2010

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…

Court rules in favor of Episcopal Church in El Paso

On December 16, 2010 the district court in El Paso County, Texas signed a final summary judgment in favor of The Episcopal Church and its Diocese of the Rio Grande against a faction formerly with St. Francis Episcopal Church that attempted to control parish property after they left the Church in October 2008. A copy of the Final Summary Judgment is here. The court’s ruling is the second by a Texas district court to grant judgment for the Church and its…

Local Episcopal parties file amended documents in partial summary judgement case

On December 21, 2010 the Local Episcopal Parties (Bishop Ohl and other diocesan officials) filed amended documents in preparation for the January 14, 2010 hearing on their Amended Motion for Partial Summary Judgment. The amended motion adds a ground for summary judgment and supporting argument reflecting the rulings in the Schofield opinion regarding the Diocese of San Joaquin, which opinion was issued after the local motion was filed; Two supplemental exhibits were added to the summary judgment evidence in support…

U.S. District Court Judge issues order staying proceedings on Diocesan trademark case

On December 20, 2010 U.S. District Judge Terry R. Means issued an order staying the proceedings in the Diocesan trademark case, Episcopal Diocese of Fort Worth v. Iker, pending in the U.S. District Court for the Northern District of Texas, Fort Worth Division. As a result the court will consider the motions to intervene filed by the Iker-related Southern Cone factions calling themselves the “Episcopal Diocese of Fort Worth” and the “Corporation of the Episcopal Diocese of Fort Worth” before…

Defendant Jack L. Iker Files Delay Motion in Federal Court

On Thursday, December 16, 2010, Defendant Jack L. Iker, former bishop of the Episcopal Diocese of Fort Worth, filed a delay motion in United States District Court, Northern District of Texas, Fort Worth Division, attempting to put off answering the Episcopal Diocese of Fort Worth’s motion for partial summary judgment by seeking “an emergency stay.” The diocese filed the Motion for Partial Summary Judgment to protect its federally-registered name and seal from infringement by Bishop Iker. In his motion, Bishop…

Bishop Ohl Files Motion to Compel Southern Cone Faction to Produce Property Ownership Records

On Thursday, December 16, 2010, counsel for Bishop C. Wallis Ohl filed a motion to compel the Southern Cone faction’s production of documents related to ownership of diocesan and parish property in the case pending before Judge John P. Chupp, presiding judge of the 141st District Court of Tarrant County, Texas. On November 9, 2010, Bishop Ohl had requested that the Southern Cone faction produce all documents showing descriptions of and any ownership interests in the properties that the Southern…

Episcopal Diocese of Fort Worth Files Federal Motion for Partial Summary Judgment

On Monday, December 13, 2010, the Episcopal Diocese of Fort Worth filed a Motion for Partial Summary Judgment with the Hon. Terry R. Means, District Judge in the Northern District of Texas, to protect its federally-registered name and seal from infringement by former bishop Jack Iker. The Episcopal Diocese of Fort Worth has been using its historic name and seal for nearly thirty years. The United States Patent and Trademark Office has awarded the Episcopal Diocese two federally-registered service marks…

Judge John P. Chupp Disposes of Motion to Disclose Potential Conflicts

On Thursday, December 9, 2010, the Hon. John P. Chupp, judge of the 141st District Court, disposed of the latest procedural motion filed by attorneys for former Bishop Jack L. Iker and other former diocesan officials. After waiting 18 months, the Defendants had filed a Motion for Disclosure of Potential Conflicts, asking that the judge “fully disclose on the record whether he, his family members, or his court staff: are members of any of the churches, congregations, schools or other…