First came the ruling against TEC in the direct appeal we brought to the Texas Supreme Court, issued on August 30. Second came the denial of TEC’s request for the court to rehear (or reconsider) that ruling. And now comes their third loss, on April 17. The high court has denied TEC’s motion to recall the mandate it sent to the trial court, which would have “stayed the proceedings” (stopped the legal process in Texas) while they try to get a review of our case from the U.S Supreme Court. Apparently the state Justices agreed with our attorneys that it is highly unlikely the U.S. Supreme Court will review the case at this stage. Nonetheless, TEC has until June 19 to seek review at the national level.
The next step in the litigation here in Fort Worth is a hearing at 9 a.m. on Thursday, April 24, in the courtroom of Judge John Chupp, where we have requested that he set aside the supersedeas order and refund to the Diocese the $100,000 cash bond we posted two years ago in order to maintain possession of our property. With his original decision having now been reversed by the Texas Supreme Court, there are no legal grounds for the order to remain in effect.
In addition, attorneys for the Diocese are completing new pleadings and a revised motion for summary judgment, which should be filed with the 141st district court sometime next month.
Once again, it is time for the TEC lawyers to come clean with their clients about their prospects in this case and to stop filing more and more unnecessary legal motions that only delay the process. Without a significant benefactor paying all their legal fees, the small little group calling itself “the local Episcopal parties” could never have taken matters this far. It is prudent for them to cut their losses and move on.
Thank you for your continued prayers and support. Let us give thanks to the Lord for his goodness and grace as we fight this spiritual battle that has been thrust upon us.
The Rt. Rev. Jack Leo Iker
Bishop of Fort Worth