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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. March 14, 2022 @ 5:00 pm. Within the week, the Rusk County Attorney filed informations charging both Lester and Peggy with criminal trespass and disrupting a meeting and charging Lester with harassment. That's what I'm going to do. Texas District 2, Section 6 of The Order of the Eastern Star is composed of the following chapters: Bluegrove No. The motion must be granted unless the respondent produces summary judgment evidence raising a genuine issue of material fact. Furthermore, we must separate the analysis of probable cause from an analysis of guilt or innocence in a malicious prosecution cause of action. 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.

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Want to see how you can enhance your nonprofit research and unlock more insights? Grand Lodge of Texas. LIGHT DINNER MEAL – Work Session. An individual who works for a law enforcement agency is not precluded by that employment from reporting criminal activity to the appropriate officials when they have probable cause to believe that criminal activity has occurred. Date: March 14, 2022. In their fourth issue, Peggy and Lester contend that the trial court erred in determining there was no evidence of intentional infliction of emotional distress which created a fact issue for a jury to determine. A plaintiff in a slander or defamation action must offer clear and convincing affirmative proof of what was communicated to avoid summary judgment. Hadassah #188 Texas Order of the Eastern Star (Work Session 5pm-10pm). In their third issue, Peggy and Lester specifically contend that they were slandered by Swetland and Kinchen when they filed criminal charges against them. The only question is whether or not an issue of material fact is presented.

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She willingly made custom modifications to a design and it was amazing! IN THE COURT OF APPEALS. We must have more than just a claim that the criminal charges made by Swetland and Kinchen were false in order to establish the cause of action for slander. 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. " Easy to change colors. "You screwed the wrong guy. " 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. Lester went on to say "You won't forget me. Randall's Food Markets, Inc. Johnson, 891 S. 2d 640, 646 (Tex. 978 - 4th Monday 7:30 PM (8:00 PM April thru September). TEXAS ORDER OF THE EASTERN STAR, APPELLEES. My customer is extremely pleased. See Kindred v. Con/Chem, Inc., 650 S. 2d 61, 63 (Tex. 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.

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San Gabriel Lodge #89) STATED MEETING. The record before us does not specify why Peggy and Lester were being reprimanded. In August of 1992, Peggy and Lester were accepted as members of the Rusk Chapter, Order of the Eastern Star ("the Chapter"). Ancient Free & Accepted Masons Order of Eastern Star of TexasBoard of directors. 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. Swetland responded to Lester, who was operating a video recorder during the entire incident, that they did not belong at the meeting. "Annual session of the Grand Chapter of the Texas Order of the Eastern Star. " The people, governance practices, and partners that make the organization tick. On July 29, 1996, the Chapter held a trial, formally expelling Peggy and Lester from Eastern Star. 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. There was, therefore, no evidence of the second element of intentional infliction of emotional distress. OES Order of the Eastern Star SVG 16 design pack, SVG cut files, Cut File, Silhouette, Cricut, Jpeg, svg, eps, dfx, png, clip art.

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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. Peggy later served as Worthy Matron of the Chapter, and Lester served as Worthy Patron. Swetland and Kinchen knew that Peggy and Lester had respectively been Worthy Matron and Worthy Patron of the Chapter and, therefore, knew the proper procedure for appealing actions taken by the Eastern Star with which they did not agree. Peggy and Lester timely perfected this appeal. 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.

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Again, the record does not state the reasons for the Chapter taking this action. We review the evidence in the light most favorable to the respondent and disregard all contrary evidence and inferences. Slander is a defamatory statement that is orally communicated or published to a third person without legal excuse.

ROSEMARY T. SWETLAND, PATSY J. KINCHEN, AND THE GRAND CHAPTER OF. Swetland and Kinchen filed criminal complaints against Peggy and Lester. The summary judgment evidence showed that Swetland had been "frightened" as a result of the incidents which had been initiated by Peggy and Lester. Peggy and Lester then left the lodge. The summary judgment evidence showed that the Eastern Star is a tax exempt organization operating for the general welfare of society and participating in specified benevolent works. It is organized into local chapters across the State of Texas.

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