Statement on Judge John Chupp’s order granting rule 12 motion
What the legal language of the order means
What the legal language of the order (click here to read it and note that the hand-written portions of the order are in the judge’s own hand) means is this: essentially the court refused to strike the pleadings i.e. it ruled that the reorganized Episcopal Diocese of Fort Worth and the Corporation had the right to continue to sue the defendants and establish our right to seek declarative judgment. The defendants lost on their main argument that we should not be able to sue the defendants because they are the rightful diocese. This was the main objective of former Bishop Iker’s attorneys, and they did not achieve it. The court left that determination for a later hearing.
The order also barred our attorneys from appearing on this suit as attorneys for the entities associated with Jack Iker. Our attorneys have, of course, never asserted that.
As is clear in the order, no other rulings were made. The judge did make comments and he did ask questions, but he made no other rulings.
We now await the October 15 hearing.