Where a case was dismissed pursuant to the defendant’s Rule 12 motion, the trial court should not have held a subsequent hearing on and granted dismissal under the defendant’s separate TPPA petition. In Horst v. Gaar, No. W2023-00442-COA-R3-CV (Tenn. Ct. App. Dec. 4, 2024), the plaintiff was the former son-in-law…
Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded. In Kedalo Construction, LLC v. Ward, No. M2024-00224-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2024), the plaintiff construction company and the defendant store…
Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant. In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against…
Where plaintiff did not have evidence that an ethics complaint filed with the real estate commission by defendant was decided on the merits and due to plaintiff’s innocence, plaintiff’s malicious prosecution claim should have been dismissed pursuant to defendant’s TPPA petition. In Gersper v. Turner, No. M2022-01136-COA-R3-CV (Tenn. Ct. App.…
The Tennessee Supreme Court has affirmed that the filing of a TPPA petition to dismiss by a defendant does not bar a plaintiff from voluntarily dismissing a case. In Flade v. City of Shelbyville, — S.W.3d —, No. M2022-00553-SC-R11-CV (Tenn. Oct. 9, 2024), plaintiff filed suit against several defendants asserting…
The Tennessee Public Protection Act applies to legal malpractice claims in Tennessee in certain circumstances. In Cartwright v. Hendrix, No. W2022-01627-COA-R3-CV (Tenn. Ct. App. April 15, 2024), defendants represented plaintiff in multiple lawsuits related to the administration of a trust. Defendants worked for plaintiff on a contingency fee basis. After…