HOUSTON – A national fraternal and charitable organization recently had a ruling granting final summary judgment in its favor affirmed by the 14th Court of Appeals.
The litigation stems from a conflict between The National Elks and its former Austin Lodge, now known as High Road.
The split between the two groups escalated after the Austin Lodge appointed a female as its exalted ruler in 2012.
On Dec. 16, 2013, the National Elks filed suit, accusing High Road for trespass to try title, breach of contract, unjust enrichment and violations of the Texas Theft Liability Act.
National Elks was granted summary judgment on its trespass to try title cause of action. A final judgment awarded the National Elks actual damages of $288,540.94.
The 14th Court affirmed the judgment on Aug. 31.
Chief Justice Kem Thompson Frost dissented, arguing the court should reverse the damage award and render judgment that the National Elks take nothing on its breach of contract claim.
Appeals case No. 14-18-00382-CV