Diocesan officials expressed their gratitude for the decision.
“We are very pleased that Judge Houck remanded the case to state court,” said Jim Lewis, Canon to Bishop Lawrence. “The issues involved are essentially those of legal identity and are wholly determined by state law, so the most appropriate place to settle is clearly in state court, where we first took the matter.”
With the case remanded, it returns to the court of South Carolina Circuit Judge Dianne S. Goodstein.
Hoo-haaa!
I can just imagine what the results will be, considering Judge Goodstein’s earlier ruling. I’m happy for the diocese.
And I don’t want to try to read too much into this at this point, but if she should decide in the diocese’s favor, what possible effect could it have on the outcome of other cases, such as San Joaquin’s?
Since the law of real property is determined on a state-by-state basis, the ruling of a South Carolina court would have no binding effect on the law of California, even concerning the same issues. A South Carolina ruling could certainly be called to the attention of a California judge for the purposes of persuasion and argument, but the California judge would not be bound by the ruling of a South Carolina judge.
Cennydd, From what attorney friends have mentioned to me, it may be years before there is a final decision in this litigation. As has been explained to me, other state courts can take notice of another decision in another state but it has no effect of setting a legal precedent. Granted, The SC supreme court has already ruled and no other court has noticed so I am not hopeful that any decision would even be noticed.
Another matter, alluded to in #5 above is that rulings of trial courts generally have no binding effect, even in their own states. Courts are only controlled in their actions by the decisions of appellate courts (at the first level, usually known as the “Court of Appeals”, although in Illinois we call it the “Appellate Court”), or the Court of final review…the State Supreme Court.
Thanks, KevinBabb, for your comments. We go to trial on January 6th here in San Joaquin, and we think we have a VERY good chance of prevailing. The judge has ruled [i]twice[/i] in our favor, and so we’re hoping (and praying) that he’ll do so again.
7. Cennydd – you all have been in it for along time.
We are also hoping and praying that right will prevail for you.