Read it all.
CHARLESTON, SC, February 6, 2014 ”“ The Diocese of South Carolina today asked the South Carolina Supreme Court to intervene in an appeal filed “primarily for the purpose of delay” by The Episcopal Church (TEC) and its local subsidiary, The Episcopal Church in South Carolina (TECSC).
TEC’s appeal challenges a lower court ruling on the process both sides may use in discovery leading up to a trial that will decide whether the denomination may seize South Carolina property, including churches and the diocesan symbols. The diocese argues that TEC is appealing a court order that is “unappealable”.
“[TEC and TECSC] are misusing the judicial system to delay resolution of this case,” says the diocese’s request for Supreme Court action. “Their strategy of appealing an interlocutory order is evidence of that intent. This is the same strategy that caused eight months to be wasted at the start of this case in federal court where they asked the federal court to override the state court injunction.”
A.S. Haley breaks it down nicely over at>>>
http://accurmudgeon.blogspot.com/2014/02/south-carolina-move-to-cut-short-ecusas.html?m=1
In South Carolia, motions to dismiss interlocutory appeals are usually handled very quickly. Our Courts’ defintion of what is interlocutory and not directly appealable can be pretty expansive. They really like cases to run their course and then be appealed as a “final judgement” where everything can be decided at once. I wouldn’t be surprized to see the Supreme Court agree to accept original jurisdiction and dismiss the appeal in the same order. What ever they do, I would be surprized if it takes more than 6 to 8 weeks. The last time I made a motion to dismiss an interlocutory appeal, the Court of Appeals only took about 3 weeks to issue an order. BTW, TEC’s argument that the caption somehow prejudices them is so patently ludicrous as to be laughable.
Prayers for the wonderful diocese of South Carolina, its people and Bishop Mark. God bless and protect you mightily for He is faithful.
#2…. surprized [sic] … one certainly hopes the attorneys in the matter run spell check on their respective pleadings.