Mo. convention wins appeals court ruling against breakaway entities

KANSAS CITY, Mo. (BP) - A Missouri appeals court on May 31 issued a unanimous 3-0 decision in favor of the Missouri Baptist Convention, reversing a trial judge's dismissal and rejecting major legal arguments by five breakaway entities.

Cole County Circuit Judge Thomas J. Brown III had dismissed the case in March 2004, ruling that the MBC and its executive board lacked standing to sue. The three-judge appeals panel found that the dismissal was "improper" because the convention had standing and could be represented by the executive board.

The appeals court "reversed and remanded" the case, sending it back to the trial judge with an opinion which resolves several procedural issues and clears the way to move toward the merits of the declaratory judgment action filed by the MBC.

The Kansas City court held that the trial judge properly interpreted the Missouri Baptist Convention's constitution which defined membership in terms of messengers rather than churches. However, the appeals court held that the trial judge misapplied Missouri Civil Rule 52.10 when he dismissed the executive board, which includes officers and messengers, and which can represent the convention between the annual meetings.

According to the appeals panel, the trial court at least should have permitted the convention to add messengers to the case by amendment rather than dismissing the case and requiring a new case to be filed.