"We are obviously disappointed by Judge Chupp's ruling and see it as fundamentally flawed," Iker wrote in a statement issued Saturday. "We are confident that the Court of Appeals will carefully consider our appeal and will rule in accordance to neutral principles of law as practiced in the State of Texas.

"In the meantime, we will continue to focus on mission and outreach in the name of our Lord Jesus Christ, while praying for the judges who will take our appeal. While we disagree with the judge's ruling, we offer our sincere appreciation for the time and study he has given the case."

Iker's group said Chupp's ruling will be immediately appealed to the 2nd Court of Appeals in Fort Worth. In a statement, the group said: "We believe that the final decision, whenever it is signed by Judge Chupp ...will not be sustained on appeal."

"Friday's ruling is a disappointment, but not a disaster. The plaintiffs have offered no evidence ... supporting their claim that the Diocese was not entitled to withdraw from The Episcopal Church, as it did in November 2008. Nor have they demonstrated a legal right to our property, which is protected by Texas statutes regulating trusts and nonprofit corporations. It is our position that the judge's order does not conform to Texas law"

Iker's Episcopalians who reorganized the diocese say they represent the "true" Episcopal Diocese of Fort Worth. But Chupp's summary judgment ruled that the Episcopal Church is a "hierarchical church" and that those in the Diocese of Fort Worth who are loyal to the hierarchical church are "entitled to the use and control of church property."

He ordered Iker's group "to provide an accounting of all Diocesan assets within 60 days."

Suzanne Gill, spokeswoman for Iker's group, said there is no official estimate of the value of diocesan property. But it includes stately church buildings, like St. Andrew's Episcopal Church in downtown Fort Worth, Camp Crucis near Granbury and church buildings throughout the region.

William Wantland Assisting Bishop of Fort Worth and the retired Bishop of Eau Claire said this is not unexpected. "We are appealing, and have reason to believe that the Appellate Court will reverse Judge Chupp, as they did before.

"However, you should know that the Judge was recently diagnosed with colon cancer. He is only 37 years old. This may have had an effect on him. It certainly would on me," said Wantland who is also an attorney and Seminole Nation judge and a canon lawyer.

Describing the news as "unsettling" R.W. Foster who serves as a presbyter in the diocese of Fort Worth as part of the Anglican Church in North America (ACNA) stated this; "I am very disappointed at this decision by the trial court. But we should remember that this is not the end of the matter. The summary judgment's order to vacate property within sixty days will all but certainly be staid pending our appeal, so I am confident that no one is going to be locked out of their churches just before Easter. After all, the ACNA diocese of San Joaquin, California, lost a similar summary adjudication decision in their property dispute with TEC on July 21, 2009 and the orthodox Anglicans continue worshiping in their churches today as the legal process of appeals and re-hearings grinds on. I am pretty sure that the daily life of service and worship of the Southern Cone/ACNA diocese of Fort Worth will also be continuing just as it has for the foreseeable future." Foster also serves as Chaplain at St. Vincent's School and as a canon of St. Vincent's Cathedral Church in Bedford, Texas.

San Joaquin attorney and prolific legal blogger Allan Haley told VOL, "well, he (Judge Chupp) simply signed their pro forma orders -- there is no reasoning or rationale. I get the sense he knew it would be appealed whatever he decided, so he tossed a coin. The appeal, when taken, will block that (turning everything over in 60 days).

Texas Attorney Bill Fisher opined saying, "It is surprising ruling, given this Judge's prior behavior, comments, and rulings in this case. Be that as it may, basically Judge Chupp simply signed the order prepared by the TEC lawyers modified only slightly by the deletion of a couple of paragraphs. He did not include anything of his own, which is certainly curious in a case of this import. It simply means that the true Diocese of FW must now appeal this case. This will be the second time the appeals court will review a ruling of this judge. The last time, they sent the ruling back to him and told him to fix his error. Remember this is a new judge (though not a new lawyer). Depending on who loses at the Court of Appeals that party will appeal to the Texas Supreme Court. Then, it will likely end up going up through the federal appeals courts and may ultimately be before the U, S. Supreme Court. More money wasted on litigation. While this is a disappointing development, it is not the final verdict."

The Right Rev. Wallis Ohl, provisional bishop to the diocesan group loyal to the national church, called for reconciliation and healing between the groups.

"Certainly we take heart that our position has been validated by the court, but this process remains painful for both sides and there is no room for triumphalism," he said in a pastoral letter to his churches. "As I said at our diocesan convention, no one will be turned out of their church home. That will not happen. To the contrary, we offer them a prodigious welcome.

"If the ruling stands, however, many Episcopalians who remain outside the U.S. Episcopal Church may have to surrender their church buildings and worship elsewhere."

However, the appeal of this summary judgment from Judge Chupp will certainly take many months to be heard and decided upon at the Court of Appeals level. And then whoever loses in the Court of Appeals will surely appeal to the Texas Supreme Court. So nothing really is likely to be resolved for far more than a year from now. Unless TEC decides to negotiate a fair settlement with us in good faith, and that is most unlikely, this matter will continue to be unsettled for a long time to come.

END