From Ft. Worth via Kansas City-
A local group representing the national Episcopal Church has hit a legal snag in its attempt to take control of the property of the Episcopal Diocese of Fort Worth.
The 2nd Court of Appeals ruled Friday that the group's attorneys, who filed a lawsuit on behalf of "The Corporation and The Fort Worth Diocese," cannot represent those entities because the entities are also associated with Bishop Jack Iker, the defendant in the lawsuit.
The appellate court noted that there is only one corporation and diocese, which both sides are staking claim to.
The opinion, written by Justice Anne Gardner, says that "a corporation cannot sue itself" and that a judge would be "unnecessarily confused by presentations from two opposing factions who claim to be the 'The Corporation' and 'The Fort Worth Diocese.'"
The opinion also says that the work performed by the attorneys, Jonathan Nelson and Kathleen Wells, in the name of the corporation and the diocese should be thrown out but that the attorneys can represent the individuals who hired them.
What happens next remains to be seen. The group can ask the court to rehear the case, appeal to the Supreme Court or restyle the lawsuit and put it back before Judge John Chupp in the 141st District Court, where it was originally filed.
Read more:
http://www.kansascity.com/2010/06/30/2055629/episcopal-church-suffers-setback.html#ixzz0sQYZhqeO
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