Schofield group will appeal
Fresno Bee:
Officials with the breakaway Anglican Diocese of San Joaquin say they will appeal a Fresno County Superior Court ruling that affirmed the U.S. Episcopal Church's authority and its choice for a bishop -- a man the decision said controls the local church's affairs and properties.Read it here.We covered the ruling on May 4th.
Another property-related case is in today's news:
[O]fficials with the Episcopal Church argued that Christ Church was part of a diocese [Quincy] it created and that any assets held by either group were held in trust for the Episcopal Church.At a hearing Tuesday, Judge James J. Mesich upheld his July decision, denying Christ Church a temporary injunction that would have allowed it to regain access to the funds. The Moline church had asked Judge Mesich to reverse his decision.
Read it all at Quad-Cities Online.
One wonders, after all the decisions that have maintained the trust relationships established under Canons, just what these folks hope to accomplish. There is, after all, that bumper-sticker definition of insanity....
Marshall Scott
Posted by mscottsail![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
|
August 5, 2009 12:40 PM
They can't appeal. The trial court ruling was a grant of summary adjudication on a single cause of action of several in the complaint. One can appeal only from a final judgment, which has not been entered. They can file a petition for writ review, which is discretionary with the Court of Appeal. Don't have personal experience with the Fifth Appellate District, but writ review of trial court rulings on a motion for summary adjudication of a single cause of action that does not dispose of the case is seldom granted generally, and especially where that ruling is based on the CA Supreme Court and Court of Appeal authority on which the trial court's ruling stands.
Posted by Richard Zevnik![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
|
August 5, 2009 2:04 PM