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SC injunction made permanent

SC injunction made permanent

The Episcopal Church in South Carolina and the Episcopal Church did not contest the restraining order that kept anyone but the separated diocese to use the name and logos “Diocese of South Carolina,” so the temporary injunction is now permanent.

Bruce Smith reports for the AP and Chron.com:

Goodstein issued a temporary restraining order last week that only the diocese could use the name. She had scheduled a Friday court hearing in Columbia to hear arguments as to whether the order should be made permanent.

But the attorney representing The Episcopal Church and the 19 parishes and six worship groups remaining with the church in the eastern part of the state, did not contest making the order permanent, so the hearing has been canceled.

Those churches are calling themselves The Episcopal Church in South Carolina. Representatives of those parishes held a convention in Charleston last weekend where the Right Rev. Charles Glenn vonRosenburg was installed as a bishop to shepherd their group.

Either side could ask for a later hearing on the injunction. The property issues will likely still have to be resolved in court hearings that could take years.

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John B. Chilton

Not permanent. See

http://episcopaldigitalnetwork.com/ens/2013/02/01/south-carolina-lawsuit-parties-agree-to-temporary-injunction/

Quoting:

A South Carolina Circuit Court judge Jan. 31 signed a consent order issuing a temporary injunction concerning use of registered diocesan names and marks that are claimed by Bishop Mark Lawrence and other leaders who led some Episcopalians in that state out of the Episcopal Church.

The temporary injunction extends a previous temporary restraining order and will remain in effect until Judge Diane S. Goodstein decides differently or rules on an underlying lawsuit begun by Lawrence against the Episcopal Church. All parties to that suit consented to the temporary injunction. However, any party may request a hearing on having the injunction modified or dissolved. Such a request requires 14 days’ notice.

A temporary injunction is meant to maintain the status quo and prevent damage or change before the legal questions raised in a lawsuit are answered. After the trial on those issues, the court may issue a permanent injunction or cancel the temporary injunction.

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Paul Powers

A temporary injunction usually remains in effect until there is a final judgment, unless it is modified or set aside before then. TRO's are typically issued ex parte (with only one side present). That's why they are of short duration (around 10 - 14 days). At the end of that time, it dissolves automatically unless the court holds a hearing with all parties being given an opportunity and determines that it should be made into a temporary injunction.

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Ronald Caldwell

It is not exactly "permanent." It is continuing now with an official Injunction, not just a Temporary Restraining Order. It is open ended and TEC can request it be called back to court at any time. The major battle is just ahead when Judge Goodstein will consider the PECDSC law suit of Jan. 4 where all property is at issue. Whomever loses is certain to appeal. The judge has already ruled in favor of PECDSC by issuing a TRO ex parte on Jan. 23, that is, without allowing the TEC lawyers to appear of speak.

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