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Hawthorne v. Couch9/21/2005
Before BROWN, DREW and LOLLEY, JJ.
Ivan Hawthorne appeals the judgment of the Fifth Judicial District Court, Parish of Franklin, Louisiana, granting the exceptions of lack of subject matter jurisdiction and no right of action brought by Michael R. Couch and the Apostolic Tabernacle, Inc. (collectively, the "appellees"). For the following reasons, we affirm the trial court's judgment.
FACTS
This case is solely one regarding tithes paid by Hawthorne to the Apostolic Taberncle, Inc. In July 2004, Ivan Hawthorne filed suit against Michael R. Couch and the Apostolic Tabernacle, Inc. (the "Apostolic Tabernacle"). In his petition, Hawthorne sought repayment to him of tithes he paid the church, in addition to damages, reasonable attorney fees, and costs of the proceedings. The petition alleged that Couch, the pastor of the Apostolic Tabernacle, obtained Hawthorne's tithe by exerting a powerful influence over members of his church, demanding total submission to his authority, and gaining complete control of the members' minds and money. Hawthorne further alleged that Couch involved himself in the day-to-day business of Healthworks International, LLC, "the business plaintiff shared with Sam Noble" ("Healthworks"). According to Hawthorne, Couch exerted "complete control over the minds of plaintiff and Noble and other executives in Healthworks International." In particular, Hawthorne alleged that Couch told him and Noble that they had to increase their tithes, and that Couch convinced them to pay tithes on the gross income of Healthworks; Couch allegedly threatened Hawthorne with "judgment and hell" if he did not pay up.
Hawthorne stated in his petition that Couch knew his teaching was not biblical, but that Couch was "overwhelmed with greed and power" and at some point had the idea that he would take over Healthworks. Hawthorne alleged that the effort to comply with Couch's false teaching was bankrupting the company, and when Couch felt he had the owners and the company "on their knees," he offered to purchase the business for a nominal sum.
Hawthorne indicated that he always intended to tithe on his income, as opposed to the gross receipts of Healthworks, that Hawthorne gave money to the appellees under duress, and that Hawthorne felt he did not have free will. Hawthorne also asserted that Couch's "misrepresentation of the Bible" was fraud, that Couch knew his teaching was false, and that Couch knew Hawthorne was relying upon that teaching in making excessive contributions to the appellees' enrichment. Finally, Hawthorne asserted that when Couch had "sucked [Hawthorne] dry," he turned on Hawthorne and attempted to drive a wedge between Hawthorne and his wife who remained a member of the Apostolic Tabernacle.
Couch and the Apostolic Tabernacle filed an exception of vagueness asserting that the petition failed to plead the circumstances constituting the purported fraud with sufficient particularity. Couch and the Apostolic Tabernacle also subsequently filed an exception of lack of subject matter jurisdiction and an alternative partial exception of no right of action. The exception of subject matter jurisdiction asserted that Hawthorne's petition revealed that the matter essentially involved a dispute over the calculation of the biblical tithe and was "bottomed on issues of biblical interpretations and divergent views on religious scripture and doctrine." The appellees alleged that the First Amendment to the United States Constitution and Article 1, ยง8 of the Louisiana Constitution forbid courts from becoming immersed in biblical interpretation and religious controversy and in the interpretation and evaluations of ecclesiastical doctrines and practice
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