17 September 2009

First ruling from the Iker theft case

From the official site of the real Episcopal Diocese of Ft. Worth
The Hon. John Chupp, judge of the 141st District Court of Tarrant County, Texas today ruled that attorney Jon Nelson and Chancellor Kathleen Wells are not authorized to represent the diocese or the corporation that are associated with Jack L. Iker. These attorneys have never claimed to do so. The judge denied the motion by Bp. Iker’s attorneys to remove the diocese and the corporation from the lawsuit filed April 14, 2009.

While the judge did make some off hand remarks in court and asked many questions, he made no other rulings.

A hearing is set for Oct. 15 on the motion for partial summary judgment in this same court.

What the legal language of the order means

The legal language of the order means is, essentially, the court refused to strike the pleadings i.e. it ruled that the reorganized Episcopal Diocese of Fort Worth and the Corporation had the right to continue to sue the defendants and establish our right to seek declarative judgment. The defendants (Iker et al) lost on their main argument that TEC should not be able to sue the defendants because they (Iker's group) are the rightful diocese. This was the main objective of former Bishop Iker's attorneys, and they did not achieve it. The court left that determination for a later hearing.

The order also barred TEC attorneys from appearing on this suit as attorneys for the entities associated with Jack Iker. Our attorneys have, of course, never asserted that.

As is clear in the order, no other rulings were made. The judge did make comments and he did ask questions, but he made no other rulings.

We now await the October 15 hearing.

Of course, the usual suspects are spinning this into a victory for Iker and this band of thieves. There is one problem with the Iker case - his own words.

Stay tuned, friends this will get interesting before it's over. Who is is that always brings the popcorn to our watches?