Cook, who has been in a treatment facility since the accident, has a court appearance scheduled for Friday, but her attorney, David Irwin, said it is likely to be procedural and the case continued.

The judge’s decision found baseless TEC’s claim that it owned the Diocese’s identity and properties. During the trial, the Diocese demonstrated that it existed long before TEC was established – and that it was one of the dioceses that founded the denomination in 1789. It also proved that every diocese is free to associate with a denomination of its choosing.

It was clear that our lay and clergy leaders on the Standing Committee felt that the best interests of the diocese would be served were Heather to resign. Since this does not impede the Episcopal Church's investigation into the matter, it is my hope Heather will see the wisdom in this recommendation," said the Right Rev. Eugene Taylor Sutton, bishop of Maryland.

The appeal asks the judges to rule that the District Court in Charleston erred in abstaining from jurisdiction on the false-advertising claim, and send the case back to the lower court to be decided on its merits. It also asks the appeals court to award a preliminary injunction and stop Bishop Lawrence from representing himself as bishop of the diocese.