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Search for: Search Button. At 7:40 p. m., after the meeting of the Chapter had begun, Lester telephoned the lodge and demanded to speak to Swetland. 7) damage to the plaintiff. TEXAS ORDER OF THE EASTERN STAR, APPELLEES. Although we are required to review the summary judgment evidence in the light most favorable to Peggy and Lester, the issue is whether a reasonable person in Swetland and Kinchen's positions would have believed that these crimes had been committed given the facts as they honestly and reasonably believe them to be before the criminal proceedings were initiated. See Casso v. Texas grand chapter order of the eastern star. Brand, 776 S. 2d 551, 558 (Tex. The summary judgment evidence showed that Swetland had been "frightened" as a result of the incidents which had been initiated by Peggy and Lester. TWELFTH COURT OF APPEALS DISTRICT. PEGGY MIZE AND L. MIZE, APPEAL FROM THE SECOND.

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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. 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. 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. 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. Try a low commitment monthly plan today. San Gabriel Lodge #89) STATED MEETING. Order of the eastern star of oklahoma. 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. 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. 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. A plaintiff in a slander or defamation action must offer clear and convincing affirmative proof of what was communicated to avoid summary judgment.

Peggy and Lester then left the lodge. Because these issues are dispositive of this appeal, we need not consider Peggy and Lester's remaining issues. In their third issue, Peggy and Lester specifically contend that they were slandered by Swetland and Kinchen when they filed criminal charges against them. OES star, order of the eastern star, cut File, Silhouette, Cricut, Jpeg, svg, dfx, eps, png, clip art. The motion must be granted unless the respondent produces summary judgment evidence raising a genuine issue of material fact. Annual session of the Grand Chapter of the Texas Order of the Eastern Star | UTA Libraries Digital Gallery. Identifier: AR406-6-1265.

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412, 416, 252 S. 2d 929, 931 (1952). Learn More about GuideStar Pro. We review the evidence in the light most favorable to the respondent and disregard all contrary evidence and inferences. OES Order of the Eastern Star SVG 16 design pack, SVG cut files, Cut File, Silhouette, Cricut, Jpeg, svg, eps, dfx, png, clip art. San Gabriel Lodge #89 900 N College St Georgetown, TX 78628.

Peggy later served as Worthy Matron of the Chapter, and Lester served as Worthy Patron. Again, the record does not state the reasons for the Chapter taking this action. 978 - 4th Monday 7:30 PM (8:00 PM April thru September). 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. Texas order of the eastern star 2010. "You screwed the wrong guy. " It is organized into local chapters across the State of Texas.

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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. Swetland and Kinchen filed criminal complaints against Peggy and Lester. 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 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.

Panel consisted of Davis, C. J., Worthen, J., and Griffith, J. 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. 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. " 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. A request for a "no evidence" summary judgment is, in effect, a request for a pretrial-directed verdict. See Gulbenkian v. Penn, 151 Tex. March 14, 2022 @ 5:00 pm. The aggressive actions of Peggy and Lester in the face-to-face confrontation at the lodge just prior to the beginning of the scheduled meeting of the Eastern Star could be reasonably interpreted as hostile. Want to see how you can enhance your nonprofit research and unlock more insights? Accordingly, the trial court properly granted the no evidence motion for summary judgment on this cause of action.

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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. On July 29, 1996, the Chapter held a trial, formally expelling Peggy and Lester from Eastern Star. Build relationships with key people who manage and lead nonprofit organizations with GuideStar Pro.

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. MLA Fort Worth Star-Telegram Collection, University of Texas at Arlington Libraries. Peggy and Lester respond that they were escorted onto the premises by an unnamed member of the Chapter and that they had entered the lodge with the approval of a member of the Chapter. 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. 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. "I'm going to get even with you. " Opinion delivered August 15, 2001. Easy to change colors. 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. Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S. 2d 706, 711 (Tex. Swetland and Kinchen knew that the actions taken by Peggy and Lester were not proper under the procedural rules of the Eastern Star. To react to threatening and aggressive behavior from others by contacting law enforcement officials is not extreme and outrageous conduct. 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. This Sistar once stitched out is beautiful! Analyze a variety of pre-calculated financial metrics. 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. This event has passed. "You won't forget me. " "I'm with you lady for your life. " 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.

The probable cause determination asks whether a reasonable person would believe that a crime had been committed given the facts as the complainants honestly and reasonably believe them to be before the criminal proceedings were initiated. City of Midland v. O'Bryant, 18 S. 3d 209, 216 (Tex. Swetland and Kinchen contend that there was nothing in the summary judgment record which indicates specifically what they communicated to the Rusk policeman on the night of the incident or to the Rusk County Attorney later. The judgment of the trial court is affirmed.

Courts must determine as a threshold matter whether the defendant's conduct may reasonably be regarded as so extreme and outrageous to permit recovery.

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