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Medhanealem Eritrean Orthodox Tewahedo Church by and Through Its Board of Trustees v. Musise Dawit Negusse (Aka Ngusse), Solomon Mebrahtu Gebretnsai, Mussie Wolderufael, and Fisum Tesfai Tedla
Citation: Not availableDocket: 05-23-00250-CV
Court: Court of Appeals of Texas; November 16, 2023; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the Fifth District of Texas reversed and remanded a trial court's order that granted a Rule 12 motion with prejudice, which was filed by appellees Musise Dawit Negusse and others against the Medhanealem Eritrean Orthodox Tewahedo Church (the "Church"). The dispute arose between two factions within the Church concerning the authority of the Board of Trustees to dismiss two priests, leading to allegations of wrongful removal of Church property by the Congregants. The Congregants claimed that the lawsuit was initiated by excommunicated Board members and that they represented the legitimate Board, supported by affidavits and Church documents. The Church contested this, asserting that its attorneys had the proper authority and that the issue was ecclesiastical in nature, not suitable for court resolution. The appellate court found that the trial court abused its discretion by dismissing the case with prejudice, emphasizing that Rule 12 is the sole method to challenge an attorney's authority in legal proceedings. The case has been sent back for further proceedings, allowing the Church to address the Congregants' claims. Rule 12's primary aim is to safeguard defendants by allowing them to identify the individual who authorized a lawsuit. A trial court's ruling on a motion to show authority is not a decision on the merits or a resolution of factual questions; rather, it assesses an attorney's authority to represent a party. The standard for reviewing such a ruling is for abuse of discretion. When a motion to show authority is filed, the attorney's burden is to demonstrate sufficient authority to proceed with the case. If the attorney fails to meet this burden, the court must deny the attorney's appearance and strike the pleadings if no authorized party is present. A dismissal with prejudice, however, constitutes a decision on the merits, which is inappropriate under Rule 12. The correct remedy for a failure to show authority is to refuse the attorney's participation, not to dismiss the case with prejudice. Thus, the trial court abused its discretion by dismissing the case with prejudice, and the ruling was reversed and remanded for further proceedings. The appellant is entitled to recover costs from the appellees.