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Appeal of Windermere Quiet Title Action Dismissed

By Howard M. Friedman

Last week, a Missouri appellate court handed another defeat to the Missouri Baptist Convention in its attempt to regain control of the Windermere Baptist Conference Center that broke away from the Convention, along with four other institutions, in a dispute over the fundamentalist stance of Convention leaders. After losing other attempts (see prior posting), the Conference brought a quiet title action, claiming fraud in the transfer of real estate to Windermere. The trial court dismissed the suit. In Atkins v. Jester, (MO App., April 30, 2010), The court of appeals held, however, that the dismissal order was not properly certified for immediate appeal because the dismissal was without prejudice and was not implicitly a ruling on the merits. ABP yesterday reported on the decision.

Full post as published by Religion Clause on May 07, 2010 (boomark / email).