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Inasmuch as many have undertaken to compile a narrative of the things which have been accomplished among us, just as they were delivered to us by those who from the beginning were eyewitnesses and ministers of the word, it seemed good to me also, having followed all things closely for some time past, to write an orderly account for you, most excellent The-oph’ilus, that you may know the truth concerning the things of which you have been informed. -- Luke 1:1-4

Relax, I know I’m not writing the New Testament here, but I will try to follow a few things closely. — Dick Sandlin

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Ft. Worth Wins 1st Round against TEC

The Episcopal Diocese of Fort Worth (EDFW) won a partial victory yesterday in its dispute with the Episcopal Church (TEC) over its withdrawal from TEC and realignment with the Anglican Province of the Southern Cone. A great explanation of TEC’s strategy and the judge’s actions so far may be found in the Anglican Curmudgeon’s blog.

Bishop Jack Iker of EDFW reported that in a hearing yesterday in the 141st District Court, (my emphasis)

Judge John Chupp granted the Diocese partial relief under Rule 12 of the Texas Rules of Civil Procedure. He ruled that attorneys Jonathan Nelson and Kathleen Wells do not represent the diocese or the corporation which have realigned under the Province of the Southern Cone. He denied a second aspect of Rule 12 relief which would have removed the plaintiffs’ diocese and corporation from the lawsuit filed April 14, 2009.

The judge also ruled (sic) that neither the Constitution and Canons of The Episcopal Church nor the Constitution and Canons of this diocese prohibit withdrawal from TEC and realignment under another province. Further, he found that the Diocese had done so at its November 2008 annual convention, saying that “they [the members] took the diocese with them.” The action of the November convention was not, he said, ultra vires and void, as the suit’s plaintiffs have argued. He declared, too, that the Diocese had taken its property with it in realignment. He said he did not consider any court ruling concerning a realigning parish to be applicable in the present case, and he said that he considered it “self-serving on [the part of TEC] to say that [Bishop Iker] abandoned his job.”

...The date for a further hearing to take up the remaining Motion for Leave to File a Third-Party Petition will be set shortly. A date of October 15 has been set to hear the plaintiffs’ motion for partial summary judgement.

Apparently the first paragraph in the quote above contains the “ruling” and the rest is the “opinion” of the court that was used to make the ruling: +Iker never claimed to be a lawyer.

You can download the following PDF files:

  1. transcript of the first hearing on 9/9/09 (2.3 MB),
  2. transcript of the second hearing on 9/16/09 (1.3 MB), and
  3. the official ruling (including the judge’s hand-written corrections (63KB).

Please pray for EDFW that, as in all things, that God’s Will for them may be done.

Posted by .(JavaScript must be enabled to view this email address) on 09/17 at 09:31 AM

  1. Your link isn’t working (“Click here to see the PDF”...).

    Posted by .(JavaScript must be enabled to view this email address)  on  09/17  at  02:17 PM

  2. It works for me. I just tested it again. The large file takes a while to start, if that’s the link you meant.

    Posted by Dick Sandlin  on  09/18  at  10:05 AM

  3. I with you agree. In it something is. Now all became clear, I thank for the help and I hope to see more such articles.

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