Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit.
In Adamson v. Grove, No. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. Ct. App. Nov. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. Six weeks after filing the complaint and prior to defendants filing an answer or other pleading, plaintiff filed a notice of voluntary dismissal pursuant to Rule 41.01, and the trial court entered an order dismissing the case without prejudice four days later.
More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). Defendants asserted that the TPPA applied to this action, that the TPPA gave defendants 60 days from receipt of the complaint to file their petition for dismissal, and that defendants had a vested right to seek dismissal with prejudice and sanctions under the TPPA. After several replies and responses, the trial court ultimately agreed with defendants and granted the petition for dismissal with prejudice. The trial court also awarded defendants $15,000 in attorney fees and $24,000 in sanctions. These rulings were reversed and vacated on appeal.