The favorable ruling on the third-party motion, which has been before the court since its first hearing on Sept. 9, brings eight persons into the suit as third-party defendants: the Rt. Rev. Edwin F. Gulick, Margaret Mieuli, Walter Cabe, Anne T. Bass, the Rev. J. Frederick Barber, the Rev. Christopher Jambor, the Rev. David Madison, and Kathleen Wells. They are, respectively, the Provisional Bishop, Standing Committee, and Chancellor for the group of Episcopalians wishing to remain in The Episcopal Church following the diocese’s realignment at its November 2008 convention.
Shelby Sharpe, representing the diocese, argued for reconsideration of Judge Chupp’s previous Rule 12 order, which found that there are two dioceses and two corporations in the suit. In a memorandum submitted to the court on Oct. 1, he showed that the plaintiffs already had conceded in their original petition that there is only one Episcopal Diocese of Fort Worth, and he cited Texas case law requiring such admission to be binding.
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Intercessor
What does this mean in layman’s terms?
I think the release was intended to be in layman’s terms but did not seem particulary clear. I think it means the following in layman’s terms:
1) the court currently views the Plaintiff TEC Diocese and the former TEC Diocses of Ft Worth now an ANCA Episcopal Diocese of Fort Worth as separate entities. The TEC Diocese was arguing that it was the continuing body.
2) Not sure that the court really views there as being two corporations – only one is registered with the Texas Secretary of State – there can be two eccliastical bodies with the same name – not two Texas Corporations.
3) The TEC Diocese lost its effort at a redo of the courts last decision.
4) ACNA FT Worth now has more time to do discovery prior to a summary judgment motion. Bishop Iker’s lawyers wanted it that way.
5) ACNA FT Worth has filed a third pary petition (a law suit) against the TEC crowd as individuals.
Upshot – Bishop Iker and friends won the round.