Presbytery of Everglades v. Morgan

• Decision Date: 05 January 1961
• Docket Number: No. 59-654,59-654
• Citation: 125 So.2d 762
• Parties: PRESBYTERY OF THE EVERGLADES, a corporation, and Clara Krome Wilson, for and on behalf of herself, and for and on behalf of all other persons similarly situated, Appellants, v. Charles O. MORGAN, individually, and as the representative of all other persons of a class similarly situated, Willis E. Garrett, and The Miami Beach Independent Presbyterian Church, also known as The Miami Beach First Presbyterian Church, a corporation, Appellees.
• Court: Florida District Court of Appeals

Page 762

125 So.2d 762

PRESBYTERY OF THE EVERGLADES, a corporation, and Clara Krome Wilson, for and on behalf of herself, and for and on behalf of all other persons similarly situated, Appellants, v. Charles O. MORGAN, individually, and as the representative of all other persons of a class similarly situated, Willis E. Garrett, and The Miami Beach Independent Presbyterian Church, also known as The Miami Beach First Presbyterian Church, a corporation, Appellees.

No. 59-654.

District Court of Appeal of Florida, Third District.

Jan. 5, 1961.

Rehearing Denied Jan. 25, 1961.

Sibley, Grusmark, Barkdull & King, Miami Beach, for appellants.

Copeland, Therrel, Baisden & Peterson, Miami Beach, for appellees.

HORTON, Chief Judge.

This appeal is from a decree adverse to the appellants. In substance, the decree adjudicated that equitable title to the real property upon which was located a church was in the appellee Miami Beach Independent Presbyterian Church, a non-profit corporation. The individual appellees are members of and representative of a group of persons formerly members of the Miami Beach First Presbyterian Church, who had withdrawn and severed their connections with the Presbyterian Church in the United States. At the time of the withdrawal, the Miami Beach First Presbyterian Church was an organized member of the Presbyterian Church in the United States and the appellee Garrett was its duly ordained minister.

A chronological history of the facts which gave rise to this litigation is: In November, 1935, the appellant Presbytery approved an application from some 35 persons for the establishment of a Presbyterian church in Miami Beach to be known as the Miami Beach First Presbyterian Church. The application was accepted and approved in accordance with the provisions of the Book of Church Order, the governing rules of the Presbyterian Church in the United States, which in part provided that a church may be organized by the authority of the Presbytery and dissolved by it. Predicated upon certain required pledges and covenants, the Presbytery declared the persons applying to be members of the Presbyterian church and that they constituted a church according to the Westminster Confession of Faith and the rules of government and discipline as provided in the Book of Church Order. After the establishment of the Miami Beach First Presbyterian Church, a corporate non-profit charter under that name was obtained in 1940. The charter provided that all members of the church at the time of the organization, and all other persons who became members thereafter, would be members of the corporation, provided that whenever any member should cease to be a communicant member in good standing, such person would cease to be a member of the corporation. Article II of the charter further provided that the corporate objects and general purpose were to establish a church organization or society to be Presbyterian in its doctrines tenets and form of government, as such doctrines, tenets and government are prescribed by the Westminster Confession of Faith, Catechisms and form of government in use by the various Presbyterian denominations and to be connected with and subject to the jurisdiction of the Presbyterian Church in the United States. In the same article was the following provision: '* * * provided, however, that by vote of three-fourths (3/4) of the members of this corporation, who are present at a regularly called meeting, its connection with and jurisdiction of the said Presbyterian Church in the United States may be severed, and when or if such relations are severed it may connect itself with any other body or denomination of Christians if it so desires.' Another provision of the charter, brought into perspective by the decree appealed, is the following: '* * * it being understood that the title to such property shall vest in the corporation and not in the denomination with which it is connected.'

On or about March 6, 1941, certain real property was purchased, the title to which was taken in the name of the non-profit corporation, and thereafter a church was erected thereon. The funds for the erection of this church were furnished by the membership and by visitors of like and other denominations in attendance. In April, 1954, the appellant Presbytery directed a letter to the appellee Garrett in which he was advised that Article II of appellee's corporate charter be amended or replaced to bring it in accord with the Book of Church Order. In July, 1954, a notice of a meeting to be called for August 2, 1954, for the purpose of withdrawing the church from its membership in the Presbyterian Church in the United States was published. Upon learning of this proposed action, the appellant Presbytery issued an injunctive order prohibiting appellee Garrett and the members of the session of said church, as well as each and every member thereof, from attending such meeting and taking any action on...