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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. TEXAS ORDER OF THE EASTERN STAR, APPELLEES. Ancient Free & Accepted Masons Order of Eastern Star of TexasBoard of directors. 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.

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Because these issues are dispositive of this appeal, we need not consider Peggy and Lester's remaining issues. 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. District 2, Section 6 Eastern Star Chapters.

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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. 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. MLA Fort Worth Star-Telegram Collection, University of Texas at Arlington Libraries. Afterwards, the Rusk Police Department responded to a disturbance call from the lodge. 2, 480 shop reviews5 out of 5 stars. 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. San Antonio 1998, pet.

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We apply the same legal sufficiency standard in reviewing no evidence summary judgments as we apply in reviewing directed verdicts. Here, Swetland and Kinchen were confronted by Peggy and Lester prior to a called meeting of the Chapter. 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. The people, governance practices, and partners that make the organization tick. San Gabriel Lodge #89 900 N College St Georgetown, TX 78628.

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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. Swetland and Kinchen knew that the actions taken by Peggy and Lester were not proper under the procedural rules of the Eastern Star. San Gabriel Lodge #89) STATED MEETING. Issues three, four and five are overruled. 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. Absolutely love this one. See Moore v. K-Mart Corp., 981 S. W. 2d 266, 269 (Tex. Malicious Prosecution.

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412, 416, 252 S. 2d 929, 931 (1952). Furthermore, we must separate the analysis of probable cause from an analysis of guilt or innocence in a malicious prosecution cause of action. 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. The summary judgment evidence showed that Swetland had been "frightened" as a result of the incidents which had been initiated by Peggy and Lester. 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. Time: 5:00 pm - 10:00 pm. 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. The judgment of the trial court is affirmed.

This event has passed. 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. Opinion delivered August 15, 2001. The owner of this shop was very helpful with getting the file exactly how I needed, Photos from reviews. Try a low commitment monthly plan today. 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.

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. As a result, we will not reach the summary judgment evidence Peggy and Lester offered regarding the remaining elements of this tort.

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