Moran v. Vincent

588 S.W.2d 867, 1979 Tenn. App. LEXIS 346
CourtCourt of Appeals of Tennessee
DecidedJune 29, 1979
StatusPublished
Cited by6 cases

This text of 588 S.W.2d 867 (Moran v. Vincent) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moran v. Vincent, 588 S.W.2d 867, 1979 Tenn. App. LEXIS 346 (Tenn. Ct. App. 1979).

Opinions

OPINION

SHRIVER, Presiding Judge.

Plaintiffs-appellants filed this complaint in the Chancery Court at Nashville, Tennessee, alleging that they were unlawfully expelled from membership in the Order of the Eastern Star, State of Tennessee, and have appealed to this Court from the judgment and decree of the Chancellor wherein he sustained the motion of defendants for a summary judgment of dismissal of plaintiffs’ cause of action.

The complaint alleges that on November 9,1976, charges were brought without good cause, for reasons other than those stated, and that the charges were not defined so that plaintiffs could reasonably understand the nature thereof; that during the mem[868]*868bership meeting of November 9, 1976, the procedure utilized was not in compliance with the Code of Laws and the Penal Code of the Order.

It is further alleged and the record shows that on November 20, 1977, pursuant to the request of the Centerville Chapter No. 329, the Worthy Grand Matron appointed a Trial Commission to hear the charges against the four plaintiffs and a summons was sent out for them to appear for trial on January 22, 1977, but it is averred that said summons did not comply with the requirements of the Penal Code of the Order; that on January 22, 1977, a trial was conducted by the Trial Commission but that the rules and regulations established in the Code of Laws and Penal Code were not followed; that evidence was presented in support of the charges and that those being tried presented evidence against the charges and in support of their insistence that they were not guilty thereof; that plaintiffs were notified in writing of the decision of the Trial Commission which had found them guilty of the charges and order a suspension of their membership, and, thereafter, plaintiffs appealed the decision and, on February 11, 1977, were notified that the appeal was referred to the Grand Chapter for review in accordance with Penal Code, Chapter 9, Section 2; that on April 26 and 27,1977, the Appeals and Grievance Committee of the Grand Chapter met in Nashville and reviewed the decision of the Trial Commission and, without following the procedures established in the Code of Laws, modified the decision of the Trial Commission and expelled the plaintiffs from membership in the Order of the Eastern Star and that on May 2, 1977, the Grand Secretary of the Grand Chapter notified the Secretary of the Centerville Chapter No. 329 of the decision to expel plaintiffs and asked the Secretary to request the plaintiffs to surrender their Chapter Dues Cards.

It is also averred that on May 23, 1977, the Worthy Grand Matron notified plaintiffs in writing that the decision of the Grand Chapter to expel them was final and that no other appeal was possible, and that plaintiffs have exhausted all remedies provided by the rules and regulations of defendant organization.

It is charged that plaintiffs are wrongfully denied the rights and privileges of membership in violation of their contractual rights as members of the organization and that their wrongful expulsion resulted in the destruction of a valuable personal relationship to the organization.

The prayers of the complaint are for the Court to accept jurisdiction of the case based on the contractual relationship between plaintiffs and the Order of Eastern Star; that the Court determine that the actions of the defendants in expelling plaintiffs were invalid because they were expelled without good cause and without benefit of proper procedure and in a manner so unjust that malice is shown to exist; that the Court order the reinstatement of plaintiffs to membership; and for general relief.

The Constitution and the By-Laws of the Order of the Eastern Star are made exhibits to the complaint, along with a copy of the charges against plaintiffs, numerous letters, and copies of notices, etc.

Defendants filed their Motion for Summary Judgment, as follows:

“MOTION FOR SUMMARY JUDGMENT
Come the defendants and respectfully move the Court for a summary judgment for the following reasons:
1. The Grand Chapter of the Order of the Eastern Star of Tennessee is an unincorporated association being social in nature.
2. That the Court has no jurisdiction to determine whether or not the Constitution of the said association has been violated, this being a matter only to be determined by said association.
3. The allegations contained in the original complaint, if taken as true, do not constitute a cause of action upon which this Court could or may render the relief sought.
4. This action, upon its face, cannot be maintained under Rule 23.07 of the Tennessee Rules of Civil Procedure.
[869]*8695. This complaint cannot be maintained as a class action.
/s/ Sam E. Wallace. Sr. Attorney for Defendants”

Plaintiffs filed a “Cross Motion for Summary Jud-gment,” asking the Court to deny defendants’ motion and for entry of summary judgment in their behalf. In said motion it is stated that plaintiffs do not dispute the fact that the Grand Chapter of the Order of the Eastern Star is an unincorporated association and it is asserted that the law in Tennessee establishes the right of Courts to intervene in the internal affairs of unincorporated voluntary associations and grant relief where its by-laws were applied unfairly, arbitrarily, and in an oppressive manner.

—Chancellor’s Memorandum Opinion—

After hearing the cause, Chancellor C. Allen High filed the following Memorandum Opinion:

“MEMORANDUM
This matter is before the Court on defendants’ and plaintiffs’ motions for summary judgment.
This is an action by plaintiffs claiming they were wrongfully expelled from membership in the Order of the Eastern Star.
The complaint alleges that on November 9, 1976, charges against plaintiffs were read in an open meeting of the Centerville Chapter No. 329. A vote was taken to accept the charges and to request the appointment of a trial commission.
Plaintiffs were summoned to appear January 22, 1977, before a trial commission appointed to hear the charges. Copies of the charges were attached to the summons together with a notice that they had a right to appear with counsel.
Plaintiffs did appear with counsel at the trial conducted by the commission.
On February 2, 1977, plaintiffs were notified in writing of the decision of the trial commission finding them guilty and imposing a six-months’ suspension.
Following an appeal by two of the plaintiffs the Appeals and Grievance [Committee] of the Grand Chapter of Tennessee Order of Eastern Star, by vote expelled the plaintiffs from membership.
No property right was affected by the expulsion.
Courts are hesitant to interfere with the internal affairs of private associations or clubs. Tennessee Secondary School Athletic Association v. Cox, 221 Tenn. 164, 425 S.W.2d 597 (1968).

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Bluebook (online)
588 S.W.2d 867, 1979 Tenn. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-vincent-tennctapp-1979.