Most Worshipful Prince Hall Grand Lodge, Free & Accepted Masons of Texas & Jurisdiction v. Jackson

I find myself in disagreement with the majority in this case and respectfully dissent. The majority holds that Evergreen waived its reliance upon the other three grounds for recovery asserted in its pleadings against the appellants. The majority asserts waiver by Evergreen on the basis that Evergreen failed to present in its motion for judgment notwithstanding the verdict as alternate grounds for recovery upon unjust enrichment, constructive trust, and unconscionable retention of funds; and further holds that Evergreen waived its reliance on these grounds of recovery because of Evergreen’s…