HOUSTON - A non-profit challenging the existence of jurisdictional facts in a lawsuit brought by donor Fredric Eshelman had its legal win affirmed on appeal on Thursday.
Court records show Eshelman contributed $2.5 million to True the Vote to fund efforts to investigate and litigate alleged voter fraud in the 2020 presidential election. The lawsuits were to be handled by TTV’s general counsel James Bopp Jr. and his law firm, The Bopp Law Firm.
When Eshelman learned that TTV had dismissed its lawsuits, he demanded his money back. TTV offered to return part of the donation if Eshelman would release his claims against TTV and Eshelman refused, states an opinion issued by the 14th Court of Appeals.
The defendants named in Eshelman’s suit include TTV, Catherine and William Engelbrecht, the OPSEC Group, Gregg Phillips and Bopp and his firm.
On appeal, Eshelman argued he had standing to sue a public charity for the return of his donation because the charity failed to comply with the conditions of his gift.
Justices found TTV’s challenging the existence of jurisdictional facts was supported by evidence and that the trial court properly granted the plea to the jurisdiction.
The 14th Court also concluded that Bopp and his firm challenged only the sufficiency of Eshelman’s live pleading and that the trial erred in granting the jurisdictional pleas of those two defendants.
“We affirm the portion of the trial court’s judgment granting the jurisdictional pleas of TTV, Catherine Engelbrecht, William Engelbrecht, OPSEC, and Phillips, because those parties produced uncontroverted evidence that the donation to TTV was unconditional,” the opinion states. “The trial court erred, however, in granting the jurisdictional plea of the Bopp Defendants, because they challenged only Eshelman’s pleading, and Eshelman alleged sufficient facts to demonstrate his standing.
“We accordingly reverse the portion of the judgment dismissing the claims against James Bopp Jr. and The Bopp Law Firm, and we remand the case for further proceedings.”
Case No. 14-21-00279-CV