[Magdalen] Federal appeal ruling in favor of SC Bp vonRosenbert

[Lynn Ronkainen]

“Nothing in the record in this case indicates that Bishop vonRosenberg's
request for injunctive relief is frivolous


TBTG!
Lynn

My email has changed to: houstonKLR at gmail.com

website: www.ichthysdesigns.com

When I stand before God at the end of my life I would hope that I have not a 
single bit of talent left and could say, "I used everything You gave me." 
attributed to Erma Bombeck

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From: "Ginga Wilder" <gingawilder at gmail.com>
Sent: Tuesday, March 31, 2015 11:56 AM
To: <magdalen at herberthouse.org>
Subject: [Magdalen] Federal appeal ruling in favor of SC Bp vonRosenbert

> Good News for Episcopalians.  Ginga
>
>
> http://www.episcopalchurchsc.org/news-release-march-31-2015.html
>
>
>
> *Appeals court remands federal lawsuit*
>
> *March 31, 2015*
>
> The U.S. Court of Appeals for the Fourth Circuit today ruled in favor of
> attorneys for Bishop Charles G. vonRosenberg of The Episcopal Church in
> South Carolina, and sent *vonRosenberg v. Lawrence *back to U.S. District
> Court in Charleston for another hearing.
>
> The ruling came in a published opinion
> <http://www.episcopalchurchsc.org/uploads/1/2/9/8/12989303/4th_circuit_order_-_vacating_and_remanding_-_vonrosenberg.pdf>
> from
> Judge Diana Gribbon Motz, the head of the three-judge panel that heard the
> case on January 28 in Richmond, Va. A published opinion means that it has
> value as precedent in future federal cases, according to Thomas S. Tisdale
> Jr., Chancellor of The Episcopal Church in South Carolina, who presented
> oral arguments before the panel in January.
>
> The appeal focused on the issue of false advertising under the federal
> Lanham Act. Bishop vonRosenberg is the only bishop recognized by The
> Episcopal Church and the Anglican Communion as bishop of the Diocese of
> South Carolina. Mark Lawrence, by continuing to represent himself as 
> bishop
> of the diocese, is committing false advertising, according to a brief 
> filed
> with the appeals court in 2014. The suit seeks an injunction against 
> Bishop
> Lawrence.
>
> The federal lawsuit was filed in March 2013, a few months after Bishop
> Lawrence announced he had left The Episcopal Church and subsequently was
> removed as a bishop of the church. In August 2013, U.S. District Judge C.
> Weston Houck granted Bishop Lawrence’s motion to abstain from the case,
> citing the fact that another lawsuit arising from the schism was also
> pending in state court, filed by the breakaway group.
>
> Today’s ruling found that Judge Houck erred by applying the wrong legal
> standard in his decision to abstain when he cited the *Brillhart v. Excess
> Insurance Co. of America *and *Wilton v. Seven Falls Co.* decisions. 
> Bishop
> vonRosenberg’s appeal contended that the judge should have followed the
> principles set forth in the*Colorado River Water Conservation District v.
> United States* decision, which says the court may abstain only in
> “exceptional” circumstances.
>
> “Nothing in the record in this case indicates that Bishop vonRosenberg's
> request for injunctive relief is frivolous or designed to avoid 
> application
> of the*Brillhart/Wilton* standard. Accordingly, the *Colorado River* 
> standard
> governs the abstention question here,” Judge Motz wrote.
>
> The ruling sends the case back to U.S. District Court in Charleston for a
> hearing on whether such “exceptional” circumstances are present in the 
> case
> under the*Colorado River *standard. If not, then the U.S. District Court
> would be expected to hear the case on its merits.
>
>
>
> Read more here:
> http://www.episcopalchurchsc.org/legal-news.html