Legal News (Page 2)

Legal News (Page 2)

Keep up to date with legal news.

In addition to news articles below, the Texas judicial system maintains a list of each action on the case related to our diocese on their page, along with links to documents.

Click here to view the court’s records related to this case.

Court hearing rescheduled

The hearing scheduled for Wednesday, June 3, on the supplemental motions for partial summary judgment dealing with All Saints Episcopal Church, Fort Worth, has been rescheduled for 10am Wednesday June 10 in the 141st District Court.  

Episcopal Parties file motion in All Saints’ case

On Wednesday, May 6, 2015, the Plaintiff Episcopal Parties and the Defendant breakaway parties filed motions for partial summary judgment addressing only the claims relating to All Saints’ Episcopal Church, Fort Worth. A hearing on the motions is set for Wednesday, June 3, 2015, in the 141st District Court, Tarrant County, Texas. Plaintiffs’ Motion Partial Summary Judgment 05-06-2015  

Response to Bishop Iker’s letter to All Saints’

Tom Leatherbury, attorney for the Episcopal Parties and a lifelong Episcopalian, has responded to David Weaver, attorney for the breakaway group, regarding former Bishop Jack Iker’s March 6, 2015, letter to All Saints’ Episcopal Church, Fort Worth, demanding that All Saints’ submit to a so-called Canon 32 procedure. Leatherbury’s letter also lays out a “procedural roadmap” for most efficiently resolving the case for appeal. The full text of the letter is below. Taking note of the letter, the Rt. Rev.…

Bishop High’s statement on decision of 141st District Court

On Tuesday, March 2, 2015, the Hon. John P. Chupp of the 141st District Court, Tarrant County, Texas, denied the Local Episcopal Parties’ and The Episcopal Church’s Motions for Summary Judgments. He granted the breakaway parties’ Motion for Partial Summary Judgment, except as to the claims of All Saints’ Episcopal Church, Fort Worth. Order on Motions for Partial Summary Judgment “We are disappointed with this decision but quite hopeful for the future. This sacred property was built up over 170…

Bishop High issues letter following court hearing

The Rt. Rev. Rayford B. High, Jr., issued this letter after the Friday, February, 20, 2015, hearing in the 141st District Court, Tarrant County. Dear Sisters and Brothers in Christ, In August 2013, you may remember, the Texas Supreme Court returned our case to the 141st District Court, Tarrant County, to be tried on different principles than in the previous hearing. Our hearing before the Honorable Judge John P. Chupp on both sides’ motions for partial summary judgment was today.…

Episcopal parties file reply to response on motion for summary judgment

On January 23, 2015,  the Episcopal Parties filed their final objections to the arguments and evidence cited by the ACNA parties and a reply to the arguments the ACNA parties raised in opposition to the motion for summary judgment. Objections to and Motion to Strike Defendants’ Supplemental Summary Judgment Affidavits 012415 Reply in Support of Plaintiffs’ Motion for Partial Summary Judgment 012315 The schedule for the summary judgment motions in the 141st District Court of Tarrant County is as follows: December…

Episcopal Parties file Response to Defendants’ Motion for Partial Summary Judgment

On Monday, December 22, 2014, Plaintiffs The Episcopal Church and the Local Episcopal Parties and Congregations filed their Response to the breakaway Defendants’ motion for partial summary judgment in the 141st Civil District Court of Tarrant County, the Honorable Judge John P. Chupp presiding. Read the Response to Defendants’ Second Motion for Partial Summary Judgment – PDF The Rt. Rev. Rayford B. High, Jr., bishop of the diocese and one of the named plaintiffs in the case, expressed his confidence that…

Episcopal Parties File Motion for Partial Summary Judgment Under Neutral Principles

On December 1, 2014, Plaintiffs The Episcopal Church, Local Episcopal Parties, and Local Episcopal Congregations filed a joint motion for partial summary judgment in the 141st District Court, the Honorable John P. Chupp presiding. As the motion states: “Defendants are former Episcopalians who served as officers of The Episcopal Church’s Episcopal Diocese of Fort Worth. They gained access to more than $100 million of property in that capacity. They committed to use that property only for the benefit of the Church…

Local Coverage of Legal News

The Fort Worth Star-Telegram and Fox4 News have given local coverage to the legal news of the U. S. Supreme Court’s November 3, 2014 decision not to review the Episcopal Diocese of Fort Worth’s legal claim at this time. Bishop Rayford High was interviewed and quoted in both stories. Read the Fort Worth Star-Telegram’s Monday, November 3 story by religion writer Jim Jones: U.S. high court declines to hear Fort Worth Episcopal dispute The U.S. Supreme Court declined Monday to review a Texas…

Supreme Court Declines to Review Episcopal Diocese Case at This Time

On November 3, 2014, the United States Supreme Court denied the petition for writ of certiorari filed by the Episcopal Parties on June 19, 2014. The case will thus proceed to retrial on remand in the 141st District Court of Tarrant County, Texas, in Fort Worth, with the Honorable John P. Chupp presiding. The 141st District Court likely will hear summary judgment motions in early 2015, with the losing parties likely to appeal that decision to the state appellate courts and…

Episcopal Parties File Petition for Review by U.S. Supreme Court

On June 19, 2014, The Episcopal Church and loyal Episcopal parties and congregations of the Episcopal Diocese of Fort Worth filed a petition for writ of certiorari with the U.S. Supreme Court. The Fort Worth parties were joined in the filing by the Episcopal Diocese of Northwest Texas and the officials from the continuing Episcopal Church of the Good Shepherd in San Angelo. In related news, the remand of the case to the 141st District Court in Tarrant County continues; Judge John P. Chupp entered a scheduling order that includes pleading and discovery deadlines and sets the hearing on motions for summary judgment for December 17, 2014.

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…

Motion filed in 141st District Court on April 21, 2014

On Monday, April 21, 2014, attorneys for Local Episcopal Parties filed a Motion for Stay and Response to Motion to Set Aside Order on Defendants’ Motion to Set Supersedeas Bond.  The motion begins, “Four years ago, Defendants argued to this Court: `[A] substantial amount of the Court’s time and the parties’ money must be spent—and potentially wasted—if the . . . claims must be tried before there is an appeal.’ The same is true today. Although the Texas Supreme Court reversed this…

Bishop High issues statement in wake of Texas Supreme Court action

We found out today the Texas Supreme Court denied our motion to stay issuance of mandate.  Of course, we had hoped they would respond positively to our request.  In the wake of this decision, our legal team is preparing for the hearing next Thursday before Judge John P. Chupp.  We will keep you updated as things  progress. It is a slow process, but we will continue to move forward. +Rayford B. High, Jr.

Episcopal Parties File Motion to Stay Mandate In Anticipation of Appeal to U.S. Supreme Court

On March 25, 2014, the loyal Episcopalians of the Episcopal Diocese of Fort Worth filed a motion requesting the Texas Supreme Court to stay its mandate in anticipation of an appeal to the United States Supreme Court. A copy of the motion is HERE: Emergency Motion to Recall and Stay Issuance of Mandate or to Stay Enforcement of Mandate A copy of the Episcopal Parties’ reply to the breakaway faction’s response is HERE: Reply in Support of Motion to Stay…

Texas Supreme Court denies motions for rehearing

On Friday, March 21, 2014, the Texas Supreme Court denied the motions for rehearing of its August 30, 2013, opinions in the Episcopal Diocese of Fort Worth case and the companion Masterson case from the Episcopal Diocese of Northwest Texas. Both cases address fundamental Constitutional issues regarding the rights of American churches, including The Episcopal Church, to determine their ministers and internal governance and to maintain their churches and other property given for the mission and ministry of the Church.…