NOTICIAS
SPECIAL REPORT
Former Miami-Dade Chief Judge Leslie B. Rothenberg
Defends Saints Peter & Paul Orthodox Church Against the OCA
BY EDDY CUETO
DIRECTOR OF OPERATIONS AT EL GRAN MIAMI MAGAZINE
Saints Peter & Paul Orthodox Church, built in 1927 by Miami’s first elected Mayor John B. Reilly, is currently involved in a legal battle over its control. In November of 2023, the Orthodox Church in America (OCA), a religious organization that was founded in 1970, filed a lawsuit seeking to seize control of Saints Peter & Paul, legally incorporated in 1952. While property and ecclesiastical disputes are nothing new, what makes this dispute a potential landmark case is that Saints Peter & Paul is defending itself against an organization that did not exist until eighteen years after its incorporation. Therefore, one major question at the heart of this lawsuit is whether or not the OCA has the right to seize the property of a corporation that has been around before they even existed.
Ratified in 1791, the First Amendment of the U.S. Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” In short, the courts will have to decide if the OCA is prohibiting Saints Peter & Paul, and the members of its parish, from exercising their legal right to assemble peacefully, and practice their religion and freedom of speech; and if the courts rule against the OCA, whether Saints Peter & Paul should have the right to financial redress against them for any grievances that may have occurred.
We, at El Gran Miami Magazine, believe that this case could definitely be, not only a landmark case in the State of Florida, but a landmark case on a national level creating a precedent that would protect religious organizations from unlawful seizure by other religious organizations. In our opinion, separation of Church and State does not mean that the State, should avoid protecting religious institutions that have been legally incorporated in the United States of America from any institution that tries to seize them unlawfully that affects their rights to freedom of religion, speech, and peaceful assembly. We support the U.S. Constitution as it has been written. It may not be perfect, but it definitely has the seeds of perfection.
On Oct. 30, 2023, the OCA attempted to oust Deacon Zervos, who is a tenant residing on the property under a valid lease, by misrepresenting to law enforcement that he was a squatter and needed to be removed from the property. “What is saddening to me is to see firsthand men of the cloth who have fallen prey to the power they believe comes with their titles and their pride rather than in their service of God and His people,” said Zervos. “Although we’re all sinners and subject to temptation, we expect more of our clergy and should be disgusted by the abuse of their power, especially against the powerless. We, as representatives of our religious faith and teachings have a duty to act according to and the examples set by Our Lord and Savior Jesus Christ.” He also said, “Even if the OCA actually believes it’s right, which it’s not, their high-handed actions are not in keeping with and contrary to the examples set by the Saints.” When asked to comment about the OCA clergy who slandered and attacked him, Zervos responded, “I pray for them regularly and for the divine peace and love to fill all our hearts.”
Last March, Miami-Dade Circuit Court Judge Lisa Walsh issued a summary judgment ruling in favor of the OCA. In layman’s terms, a summary judgment is a court ruling that resolves a lawsuit without a full trial. The corporate officers of Saints Peter & Paul have appealed this decision and the Third District Court of Appeal has decided to hear oral arguments on April 21, 2026. Randy Homyk, the registered agent of Saints Peter & Paul’s corporation, is pleased that the Third District Court has agreed to hear their case, and is confident that once the Court reviews the evidence and the law, they will reverse the circuit court’s order granting summary judgment, and give them the opportunity to present their case to a jury of their peers. The evidence Homyk is referring to is Saints Peter & Paul’s Articles of Incorporation filed with the Secretary of State in 1954, that does not name the OCA, nor grant them any rights over the parish or its property, and which has never been amended by the parish to relinquish any of its control to them. Homyk could not understand how an outside entity can legally be permitted to take over another legally separate corporation without its consent. “They even went into Wells Fargo Bank and presented false documents to take over our accounts,” said Homyk. According to him, after Wells Fargo Bank investigated the matter, the OCA was required to return the bank accounts to him and the corporation, and the matter was reported to the FBI.
El Gran Miami Magazinereached out to Zervos about the lawsuit and he told us: “The state records, founding documents, including the Articles of Incorporation, By-Laws, the parish’s non-profit status, and the deed to the property, are all in Saints Peter & Paul’s corporate name with no mention of the OCA, nor the formation of a trust for their benefit. The court filings and evidence presented by both sides show no contract or agreement between the parties whereby the parish has relinquished its control and property rights to the OCA.” He continued and said, “In 2012 there was a meeting between our officers and OCA’s representatives. OCA asked Saints Peter & Paul to change its bylaws and deed, and incorporate theirs, and they rejected their offer.” Also, he said that the court filings show that an independent witness at a public OCA meeting heard an OCA official state “we will need to get creative” to take over the property. “This statement alone should preclude Judge Walsh’s summary judgment ruling,” Zervos commented and added, “The Shenandoah Association, Miami Dade Heritage Trust, Russian Orthodox Churches Outside of Russia (ROCOR), and other organizations, have expressed concern over OCA’s attempt to take us over. That’s why ROCIA and the Saint Sebastian Foundation filed amicus briefs supporting us.”
Because of the OCA’s lawsuit, that has caused much financial turmoil on Saints Peter & Paul and their parishioners, the corporate officers have retained the services of former Miami-Dade County Chief Appellate Court Judge Leslie B. Rothenberg. “We’re grateful that someone with her extensive experience, knowledge of the law, and desire to fight for justice, has chosen to take on our case,” said Chris Economou, one of its parishioners.
Rothenberg says she is “honored to join Saints Peter & Paul Russian Orthodox Greek Catholic Church of Miami’s fight against OCA’s attempted hostile takeover of its parish, which its members independently formed, paid for, supported, and worshiped at unmolested for over seventy years.” Rothenberg also said that, “The parish went to great lengths to protect their independence and property rights. They filed Articles of Incorporation with the Secretary of State in 1954, and were even told by attorneys they retained not long after their incorporation that they would have complete control over the parish and the property it sits on.” According to her, “The Russian Orthodox Greek Catholic Church differs from the Roman Catholic Church that has only one hierarchy with the Pope as the supreme leader of the Church. The Russian Orthodox Greek Catholic Church has many different and completely separate hierarchies operating in the United States, and OCA is only one of those hierarchies. There are also independent parishes, like Saints Peter & Paul, who remained independent, and did not join any hierarchy. Just because all of the hierarchies practice the same religion and have a working relationship with each other and the independent parishes, this obviously does not mean that they are all governed and controlled by the same hierarchy, leadership, rules, and practices. In fact, one of the reasons there are separate hierarchies and independent parishes, is that their administration practices differ. For example, Georgios Zervos, who was serving as Saints Peter & Paul’s Deacon for years, is from an entirely separate hierarchy: the Russian Orthodox Churches Outside of Russia (ROCOR). Although they may assist each other from time to time, that assistance does not equate to control. Just like Deacon Zervos, a member of ROCOR, who has provided service to the parish, his service did not establish ROCOR’s control over Saints Peter & Paul. Similarly, the service periodically provided by priests associated with OCA did not establish OCA’s control over the parish.”
Rothenberg does not fault the trial court for its ruling. Instead, she appreciates the magnitude of their job, and the limited time each judge has to learn and understand the issues and the current law. “That is what appellate courts are for,” she said. “They have far greater time and resources and I look at their review as providing a very valuable service to the courts and litigants. I am confident that with the benefit of the briefing, time, and oral arguments, they will return this matter to the trial court for a trial on the merits.”
The OCA’s lawsuit against Saints Peter & Paul may not look like a constitutional crises, but it definitely seems to be a constitutional dilemma that could affect, not only Miami, but every city in the United States of America, where religious freedom, free speech, and free assembly are at stake. When asked to give his opinion about the upcoming court hearing, Zervos said, “Saints Peter & Paul Orthodox Church isn’t just a parish. It’s a corporation. It’s a separate legal entity. It’s that critical distinction that plays a key role in this case.”
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