Posts from April 2011

Posts from April 2011

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…

Ohio Court Rules for Episcopalians

On April 15, 2011, another court joined the long list of courts around the nation ruling that breakaway factions leaving The Episcopal Church cannot violate their oaths and seize Church property. The trial court in Cuyahoga County, Ohio issued an opinion and order granting a partial summary judgment in favor of The Episcopal Church and its Episcopal Diocese of Ohio against local leaders of five parishes who left The Episcopal Church in 2005 and 2006 and attempted to take church…

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…