H.S. COVINGTON, ET AL., APPELLANTS,
v.
THOMAS J. BOWERS, ET AL., APPELLEES

Fla. 1st DCA | 1983-12-20
No. AS-170
THOMPSON and WIGGINTON, JJ., concur.
442 So. 2d 1068 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A dispute arose within a church after a congregation voted to terminate Pastor Covington while he was absent from the meeting. The court upheld the termination, finding that the vote was taken at a properly assembled meeting according to church custom, and therefore courts should not interfere with internal church governance decisions.


Holding

The trial court properly found that the congregation was duly assembled when the vote to terminate Covington was taken, and that the procedure used accorded with church custom. Therefore, courts should not interfere with the church's internal governance decision.


Headnotes

[1] A trial court's factual findings regarding church custom will not be disturbed on review when based on conflicting testimony.

[2] A church's internal governance and disciplinary procedures are generally governed by its customs when by-laws are absent.

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Key Quotes

“The parties agree that church custom governs church procedures. There are no church by-laws. If the meeting at which Covington was fired was duly assembled according to church custom, and if those assembled had the authority according to church custom to terminate the pastor, the trial court acted properly by refusing to interfere with the actions taken by the group. Such interference would impinge upon the fundamental separation between church and state.”

Establishes the controlling legal principle that courts defer to church custom for internal governance and avoid interfering with church decisions to maintain church-state separation.

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Facts & Procedural History

At a regularly scheduled church business meeting where Covington was presiding, a deacon raised the issue of Covington's termination. When the meeting…

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Opinion of the Court
MILLS, Judge. '

MILLS, Judge. '

This appeal stems from a controversy between two factions of the Macedonia Missionary Baptist Church. One faction supports the Reverend H.S. Covington who was, and still claims to be, pastor of the church. The other faction no longer wants Covington as pastor. At a regularly scheduled church business meeting, with Covington presiding, a deacon raised the issue of Covington’s termination. Covington attempted to ignore the issue. The group became unruly. Coving-ton and several of his supporters left the meeting. Covington asserts that he adjourned the meeting before leaving.

Those remaining at the meeting voted on whether to terminate Covington. The vote was thirty-four to nothing in favor of termination, with seven abstaining. The next day, Covington received a letter informing him that he had been dismissed. The letter was signed by the chairman of the board of deacons, the chairman of the board of trustees, and the church clerk.

On two later occasions, Covington entered the church during services and announced to the congregation that meetings would be held to determine if he was still the pastor of the church. At those meetings, Covington’s supporters voted to retain him as pastor. They also voted to remove the trustees and deacons and purported to install new ones.

Covington and his supporters filed a complaint seeking to enjoin the original trustees and deacons from acting as trustees and deacons and from otherwise interfering with church operations, including Cov-ington’s pastorate. The defendants counterclaimed seeking judicial confirmation that Covington was no longer pastor of the church and an injunction against interference with church operations by Covington and his supporters.

Following two days of testimony, the trial court issued an order finding that the congregation was duly assembled when those presented voted to fire Covington. The trial court granted the relief sought by the anti-Covington faction and denied the relief sought by Covington and his supporters.

The essential question is whether the vote to terminate Covington was binding as action of the church. The parties agree that church custom governs church procedures. There are no church bylaws. If the meeting at which Covington was fired was duly assembled according to church custom, and if those assembled had the authority according to church custom to terminate the pastor, the trial court acted properly by refusing to interfere with the actions taken by the group. Such interference would impinge upon the fundamental separation between church and state. Partin v. Tucker, 126 Fla. 817, 172 So. 89 (1937).

Covington and his supporters argue that according to church custom, the pastor has the authority to unilaterally adjourn a church meeting if he believes it is unruly and dangerous. They contend that Coving-ton did indeed unilaterally adjourn the meeting for this reason before those present voted on his termination. They contend that any actions taken after the adjournment were the actions of a “rump faction” and were of no effect. See, Epperson v. Myers, 58 So. 2d 150 (Fla.1952). Moreover, Covington and his supporters argue that church custom requires conciliation talks with the board of deacons and a special meeting of the congregation called for the sole purpose of voting on termination before a pastor can be terminated.

After reviewing the conflicting testimony, we think the trial court as fact-finder could find that the procedure used for Covington’s dismissal accorded with church custom. Covington was the only witness who unequivocably testified that custom allowed a pastor to unilaterally adjourn a church meeting. Others who testified indicated that Covington had no authority to unilaterally adjourn a church meeting. Still others were confused about the matter. The trial court listened to the conflicting testimony and made a determination which we will not disturb on review. The assertion that church custom requires that a pastor be terminated only after conciliation talks with the board of deacons and after a special meeting of the congregation is also based on conflicting testimony which the trial court resolved in favor of the anti-Covington faction. We will not second guess the trial court’s determination.

AFFIRMED.

THOMPSON and WIGGINTON, JJ., concur.


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Cited By

  • …ccomplished in accordance with the corporate charter, ecclesiastic matters do not come into play and the civil courts are an appropriate forum for the type of relief sought here. Cf., Epperson v. Myers, 58 So. 2d 150 (Fla.1952); Covington v. Bowers, 442 So. 2d 1068 (Fla. 1st DCA 1983). The complaint in this case alleges that the church is a duly authorteed corporation and that the discharge was accomplished in accordance with the articles and bylaws of the corporation. Copies of those articles and bylaws are i…
  • …ommunion or by making a contribution to the church. . Reverend Poulos relies on Epperson v. Myers, 58 So. 2d 150 (Fla.1952); Hemphill v. Zion Hope Primitive Baptist Church of Pensacola, Inc., 447 So. 2d 976 (Fla. 1st DCA 1984); Covington v. Bowers, 442 So. 2d 1068 (Fla. 1st DCA 1983); Umberger v. Johns, 363 So. 2d 63 (Fla. 1st DCA 1978); and Rolle v. Judge, 310 So. 2d 42 (Fla. 4th DCA) cert. denied 324 So. 2d 633 (Fla.1975). Those decisions involve independent congregations which are not part of a hierarchica…

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