Texas Order Of The Eastern Star Ac — After A Grueling Journey North, A Boy And His Mother Fight To Start Over In New York

In their fifth issue, Peggy and Lester contend that Swetland and Kinchen maliciously prosecuted them. Copyright © 2023 San Gabriel Masonic Lodge #89. Here, Swetland and Kinchen were confronted by Peggy and Lester prior to a called meeting of the Chapter. We review the evidence in the light most favorable to the respondent and disregard all contrary evidence and inferences. On May 29, 1996, a meeting was called by Swetland, in her capacity as the Worthy Grand Matron of Eastern Star, the highest state level position in the organization, to reprimand Peggy and Lester in their capacities as Worthy Matron and Worthy Patron of the Chapter. 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. "Annual session of the Grand Chapter of the Texas Order of the Eastern Star. " It is organized into local chapters across the State of Texas. Opinion delivered August 15, 2001.

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Access beautifully interactive analysis and comparison tools. PEGGY MIZE AND L. MIZE, APPEAL FROM THE SECOND. 2, 480 shop reviews5 out of 5 stars. 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.

Build relationships with key people who manage and lead nonprofit organizations with GuideStar Pro. The motion must specify the elements for which there is no evidence. 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. 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. 1) The following day, Peggy and Lester sent a letter to Swetland, quitting Eastern Star. Under the no evidence summary judgment rule, a party may move for summary judgment if, after adequate time for discovery, there is no evidence of one or more essential elements of a claim or defense on which the non-movant would have the burden of proof at trial. At 7:40 p. m., after the meeting of the Chapter had begun, Lester telephoned the lodge and demanded to speak to Swetland. The judgment of the trial court is affirmed. In August of 1992, Peggy and Lester were accepted as members of the Rusk Chapter, Order of the Eastern Star ("the Chapter").

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412, 416, 252 S. 2d 929, 931 (1952). "I'm with you lady for your life. " He later stated, "I'm going to get even with you. Lester came into the lodge with a video recorder and acted as if he were taking charge by ordering Swetland around and telling Peggy to go into the room where the actual meeting of the Chapter was about to begin. UTA Libraries Digital Gallery,. 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. See Kindred v. Con/Chem, Inc., 650 S. 2d 61, 63 (Tex. Ancient Free & Accepted Masons Order of Eastern Star of TexasBoard of directors. The affidavits which they signed are not part of the record before us. 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. Intentional Infliction of Emotional Distress.

Date: March 14, 2022. We hold that Peggy and Lester have failed to produce any evidence which would overcome the presumption that Swetland and Kinchen had probable cause to file their complaints. Texas District 2, Section 6 of The Order of the Eastern Star is composed of the following chapters: Bluegrove No. Afterwards, the Rusk Police Department responded to a disturbance call from the lodge.

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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. Panel consisted of Davis, C. J., Worthen, J., and Griffith, J. Search for: Search Button. Swetland and Kinchen knew that the actions taken by Peggy and Lester were not proper under the procedural rules of the Eastern Star. A request for a "no evidence" summary judgment is, in effect, a request for a pretrial-directed verdict. Furthermore, we must separate the analysis of probable cause from an analysis of guilt or innocence in a malicious prosecution cause of action. This event has passed. See Gulbenkian v. Penn, 151 Tex. Less than a scintilla of evidence exists when the evidence is so weak as to do no more than create a mere surmise or suspicion of a fact, and the legal effect is that there is no evidence. 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.

San Gabriel Masonic Lodge #89. 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. In their issues three, four and five, Peggy and Lester respectively contend that they raised fact issues regarding the elements of the torts slander, intentional infliction of emotional distress, and malicious prosecution. Hadassah #188 OES Facebook Page. A plaintiff in a malicious prosecution suit must establish: (1) the commencement of a criminal prosecution against the plaintiff; (2) causation (initiation or procurement) of the action by the defendant; (3) termination of the prosecution in the plaintiff's favor; (4) the plaintiff's innocence; (5) the absence of probable cause for the proceedings; (6) malice in filing the charge; and. On July 29, 1996, the Chapter held a trial, formally expelling Peggy and Lester from Eastern Star. To react to threatening and aggressive behavior from others by contacting law enforcement officials is not extreme and outrageous conduct.

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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. Learn More about GuideStar Pro. Forbes v. Lanzl, 9 S. 3d 895, 898 (Tex. If the respondent produces more than a scintilla of probative evidence to raise a genuine issue of material fact, a no evidence summary judgment is improper. That's what I'm going to do. We are not required to ascertain the credibility of affiants or to determine the weight of evidence in the affidavits, depositions, exhibits and other summary judgment proof.

Grand Lodge of Texas. Compare nonprofit financials to similar organizations. Because these issues are dispositive of this appeal, we need not consider Peggy and Lester's remaining issues. Time: 5:00 pm - 10:00 pm. V. JUDICIAL DISTRICT COURT OF. "You won't forget me. "

The only question is whether or not an issue of material fact is presented. 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. See Casso v. Brand, 776 S. 2d 551, 558 (Tex. "I'm going to get even with you. "

Procedural Background. Swetland responded to Lester, who was operating a video recorder during the entire incident, that they did not belong at the meeting. 7) damage to the plaintiff. 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. The crucial consideration in the case before us is whether Peggy and Lester produced evidence to overcome the presumption that Swetland and Kinchen had probable cause to file their complaints of criminal trespass, disrupting a meeting or procession, and harassment. In their third issue, Peggy and Lester specifically contend that they were slandered by Swetland and Kinchen when they filed criminal charges against them.

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. Want to see how you can enhance your nonprofit research and unlock more insights? A person commits the offense of harassment if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone and in the course of the communication makes a comment, request, suggestion or proposal that is obscene; or (2) threatens by telephone, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family, or his property. Lester went on to say "You won't forget me. Swetland and Kinchen contacted law enforcement officials after the face-to-face confrontation at the lodge with Peggy and Lester and the ensuing, threatening phone call. San Gabriel Lodge #89) STATED MEETING.

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