BishopAccountability.org
 
  Court OKs Fla. Forum for Church Suit

Miami Herald
April 9, 2009

http://www.miamiherald.com/news/florida/AP/story/992614.html

[link to the court decision]

ATLANTA — The federal appeals court in Atlanta says a U.S. court in Florida has jurisdiction for a lawsuit against the Roman Catholic Diocese of Syracuse, N.Y., stemming from alleged rape by a priest 40 years ago.

The plaintiff, Dennis Brennan of Clearwater, Fla., claims the church reneged on a promise to pay for counseling after he recalled a suppressed memory of the childhood abuse in 2001.

U.S. District Judge Steven D. Merryday of Tampa ruled he did not have jurisdiction for the breach-of-contract, fraud and emotional distress suit because the diocese lacked minimum contacts in Florida to satisfy the state's Long-Arm Statute.

A three-judge panel ruled Thursday that Merryday erred, saying "an arguable basis" for jurisdiction exists under the long-arm law.

Join the discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.