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Opinion delivered August 15, 2001. Again, the record does not state the reasons for the Chapter taking this action. Build relationships with key people who manage and lead nonprofit organizations with GuideStar Pro. 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. Hadassah #188 OES Facebook Page. Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S. 2d 706, 711 (Tex. In August of 1992, Peggy and Lester were accepted as members of the Rusk Chapter, Order of the Eastern Star ("the Chapter"). 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. "Annual session of the Grand Chapter of the Texas Order of the Eastern Star. " 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. 1) The following day, Peggy and Lester sent a letter to Swetland, quitting Eastern Star. Special Collections Reference Information Original image part of the Fort Worth Star-Telegram Collection, University of Texas at Arlington Libraries. 2, 480 shop reviews5 out of 5 stars.

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The summary judgment evidence showed that Swetland had been "frightened" as a result of the incidents which had been initiated by Peggy and Lester. Ancient Free & Accepted Masons Order of Eastern Star of TexasBoard of directors. If the evidence supporting a finding rises to a level that would enable reasonable, fair-minded persons to differ in their conclusions, then more than a scintilla of evidence exists. When the facts are not contested, and there is no conflict in the evidence directed to that issue, the question of probable cause is a question of law which is to be decided by the court. 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. 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. The motion must specify the elements for which there is no evidence. 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. At 7:40 p. m., after the meeting of the Chapter had begun, Lester telephoned the lodge and demanded to speak to Swetland. "You screwed the wrong guy. " This event has passed. 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. Peggy and Lester timely perfected this appeal. Issues three, four and five are overruled.

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OES star, order of the eastern star, cut File, Silhouette, Cricut, Jpeg, svg, dfx, eps, png, clip art. 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. 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. Easy to change colors. Intentional Infliction of Emotional Distress. 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. To react to threatening and aggressive behavior from others by contacting law enforcement officials is not extreme and outrageous conduct. 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. He later stated, "I'm going to get even with you. There was, therefore, no evidence of the second element of intentional infliction of emotional distress.

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Texas District 2, Section 6 of The Order of the Eastern Star is composed of the following chapters: Bluegrove No. March 14, 2022 @ 5:00 pm. 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. That's what I'm going to do. 7) damage to the plaintiff. 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. The only question is whether or not an issue of material fact is presented.

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See Moore v. K-Mart Corp., 981 S. W. 2d 266, 269 (Tex. 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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Richey, 952 S. 2d at 517. Slander is a defamatory statement that is orally communicated or published to a third person without legal excuse. 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. It is organized into local chapters across the State of Texas. CHEROKEE COUNTY, TEXAS.

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A plaintiff in a slander or defamation action must offer clear and convincing affirmative proof of what was communicated to avoid summary judgment. The motion must be granted unless the respondent produces summary judgment evidence raising a genuine issue of material fact. A person commits criminal trespass under the penal code if he enters or remains on property of another without effective consent or he enters or remains in a building of another without effective consent, and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. A request for a "no evidence" summary judgment is, in effect, a request for a pretrial-directed verdict. 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. 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 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. Copyright © 2023 San Gabriel Masonic Lodge #89. 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. In their no evidence motion for summary judgment, Swetland, Kinchen and Eastern Star alleged that Peggy and Lester had failed to produce evidence of elements four through seven of a malicious prosecution claim. On July 29, 1996, the Chapter held a trial, formally expelling Peggy and Lester from Eastern Star. We review the evidence in the light most favorable to the respondent and disregard all contrary evidence and inferences. 978 - 4th Monday 7:30 PM (8:00 PM April thru September).

The judgment of the trial court is affirmed. See Forbes, 9 S. 3d at 900. 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. V. JUDICIAL DISTRICT COURT OF. Courts must determine as a threshold matter whether the defendant's conduct may reasonably be regarded as so extreme and outrageous to permit recovery. Procedural Background. LIGHT DINNER MEAL – Work Session. District 2, Section 6 Eastern Star Chapters. Grand Lodge of Texas. In this same motion, Swetland, Kinchen and Eastern Star also moved for a traditional summary judgment arguing that (1) they were immune from liability because Swetland and Kinchen were acting as officers of a charitable organization and (2) the causes of action for slander and malicious prosecution were barred by limitations. 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. This Sistar once stitched out is beautiful! San Gabriel Lodge #89) STATED MEETING. IN THE COURT OF APPEALS.

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