Lester went on to say "You won't forget me. Then, the phone call from Lester after the meeting had begun could be interpreted by a reasonable person as threatening not only to the safety of Swetland and Kinchen, but to the entire Chapter. Texas District 2, Section 6 of The Order of the Eastern Star is composed of the following chapters: Bluegrove No. Thus, the trial court correctly granted a no evidence summary judgment on Peggy and Lester's cause of action for malicious prosecution. Peggy and Lester D. Mize ("Peggy" and "Lester") appeal in five issues from a summary judgment entered in favor of Rosemary T. Swetland ("Swetland"), Patsy J. Kinchen ("Kinchen"), and the Grand Chapter of Texas Order of the Eastern Star ("Eastern Star") on the Mizes' causes of action for slander, intentional infliction of emotional distress, and malicious prosecution. We apply the same legal sufficiency standard in reviewing no evidence summary judgments as we apply in reviewing directed verdicts. "I'm going to get the whole bunch. " Ancient Free & Accepted Masons Order of Eastern Star of TexasBoard of directors. Access beautifully interactive analysis and comparison tools. 2) The evidence showed that the procedure for Peggy and Lester to have this expulsion reconsidered was to return to the Chapter a pamphlet of Eastern Star initiation rituals and to have a Chapter member stand up in an open meeting stating that they wanted an appeal of the expulsion. That presumption disappears once a plaintiff produces evidence that the motive, grounds, beliefs and other evidence upon which the defendant acted did not constitute probable cause. San Antonio 1998, pet.
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In December 1997, Peggy and Lester filed suit against Swetland, Kinchen, and the Eastern Star seeking at least three million dollars in damages for slander, intentional infliction of emotional distress, and malicious prosecution. V. JUDICIAL DISTRICT COURT OF. 2, 480 shop reviews5 out of 5 stars. Hadassah #188 Texas Order of the Eastern Star (Work Session 5pm-10pm). There is an initial presumption in malicious prosecution actions that the defendant acted reasonably and in good faith and had probable cause to initiate the proceedings. Peggy and Lester timely perfected this appeal. "Annual session of the Grand Chapter of the Texas Order of the Eastern Star. " Time: 5:00 pm - 10:00 pm.
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It is organized into local chapters across the State of Texas. Some time between 7:00 and 7:30 p. that evening, Peggy and Lester entered the lodge to deliver papers to Kinchen who was Worthy Matron of the Chapter at that time. Analyze a variety of pre-calculated financial metrics. TEXAS ORDER OF THE EASTERN STAR, APPELLEES. IN THE COURT OF APPEALS. Peggy Mize and L. D. Mize v. Rosemary T. Swetland, Patsy J. Kinchen and The Grand Chapter of Texas Order - The Eastern Star--Appeal from 2nd District Court of Cherokee CountyAnnotate this Case.
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Want to see how you can enhance your nonprofit research and unlock more insights? Peggy and Lester then left the lodge. On August 20, 1996, a regular meeting of the Chapter was scheduled for 7:30 p. m. at the Euclid Masonic Lodge ("the lodge") in Rusk. Absolutely love this one. Slander is a defamatory statement that is orally communicated or published to a third person without legal excuse. See Kindred v. Con/Chem, Inc., 650 S. 2d 61, 63 (Tex. The elements of intentional infliction of emotional distress are: (1) the defendant acted intentionally or recklessly; (2) the conduct was extreme and outrageous; (3) the defendant's actions caused the plaintiff emotional distress; and (4) the emotional distress that the plaintiff suffered was severe. To react to threatening and aggressive behavior from others by contacting law enforcement officials is not extreme and outrageous conduct. Grand Lodge of Texas. OES Order of the Eastern Star SVG 16 design pack, SVG cut files, Cut File, Silhouette, Cricut, Jpeg, svg, eps, dfx, png, clip art. 3) The trial court granted the motion of all three defendants in its entirety. Upon confronting Swetland, Lester ordered her out of the room and told Peggy to enter the actual meeting room where the Chapter's meeting was set to begin. Swetland, Kinchen, and Eastern Star filed a no evidence motion for summary judgment contending that Peggy and Lester had failed to produce any evidence of specified elements of the three torts pled. Peggy and Lester further allege that the bare fact that Kinchen worked for the Rusk County Attorney at the time of the incidents amounts to evidence that she was maliciously prosecuting them.
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Issues three, four and five are overruled. Richey, 952 S. 2d at 517. Build relationships with key people who manage and lead nonprofit organizations with GuideStar Pro.
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978 - 4th Monday 7:30 PM (8:00 PM April thru September). Because Peggy and Lester have failed to offer clear and convincing affirmative proof of slander, the trial court correctly granted a no evidence summary judgment on this cause of action. San Gabriel Lodge #89 900 N College St Georgetown, TX 78628. However, from an objective view of the facts known to her when she communicated with law enforcement officials, Kinchen could have reasonably believed there was probable cause for filing these charges against Peggy and Lester. Peggy and Lester contend that, under the facts before us, Swetland and Kinchen's conduct following the incidents of August 20, 1996, satisfied the second element of the tort of intentional infliction of emotional distress. Try a low commitment monthly plan today. She willingly made custom modifications to a design and it was amazing! The harassment charge was dismissed by the county attorney on August 29, 1996, and the remaining two charges were dismissed by the Cherokee County Court at Law on August 19, 1997, for failure to comply with the Speedy Trial Act. Further, the information formally charging Peggy and Lester with the offenses of criminal trespass, disrupting a meeting or procession, and harassment are not in the record before us.
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TWELFTH COURT OF APPEALS DISTRICT. However, they have not shown that either of these alleged facts were communicated to or known by Swetland or Kinchen during the encounter of August 20 and their subsequent communication with law enforcement officials. Following that confrontation, Lester called Swetland on the telephone after the meeting had begun and stated: "I'm going to stop everything you're doing if you don't talk to me. " To be extreme and outrageous, conduct must be so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. CHEROKEE COUNTY, TEXAS. In their fifth issue, Peggy and Lester contend that Swetland and Kinchen maliciously prosecuted them. Malicious Prosecution. A plaintiff in a slander or defamation action must offer clear and convincing affirmative proof of what was communicated to avoid summary judgment. San Gabriel Masonic Lodge #89. The judgment of the trial court is affirmed. This Sistar once stitched out is beautiful!
On July 29, 1996, the Chapter held a trial, formally expelling Peggy and Lester from Eastern Star. As a result, we will not reach the summary judgment evidence Peggy and Lester offered regarding the remaining elements of this tort. 412, 416, 252 S. 2d 929, 931 (1952). A request for a "no evidence" summary judgment is, in effect, a request for a pretrial-directed verdict. See Moore v. K-Mart Corp., 981 S. W. 2d 266, 269 (Tex.
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