CHARLESTON, SC (WCSC) - An appeal is in the works in the case of the Episcopal church fight in South Carolina.
Attorneys for Bishop Charles G. vonRosenberg have filed a notice, they want to overturn a federal judge's decision on the false-advertising lawsuit against the bishop of a breakaway group.
The suit was filed in March 2013, a few months after Bishop Mark Lawrence and a breakaway group announced they were leaving the Episcopal Church.
The suit maintains Bishop vonRosenberg is the only bishop, and that Bishop Lawrence committed false advertising by claiming to be bishop as well.
In September, U.S. District Court Judge C. Weston Houck issued a stay in the case, delaying a ruling until the final outcome of a separate state lawsuit that is now before the South Carolina Supreme Court.
Judge Houck had initially gr anted a motion to abstain from the case, citing the pending state lawsuit.
On appeal, the Fourth Circuit appeals court found that the judge applied the wrong legal standard in deciding to abstain.