By The Law Offices of John Day, P.C. on Feb 27, 2023 05:55 am
A plaintiff may take a voluntary nonsuit even after the defendant has filed a petition to dismiss under the TPPA, and a petition to dismiss under the TPPA does not survive after voluntary dismissal by the plaintiff and is not considered a counterclaim. In Flade v. City of Shelbyville, Tennessee, No. M2022-00553-COA-R3-CV (Tenn. Ct. App. Feb. 24, 2023), plaintiff filed suit against several defendants asserting claims for libel, intentional interference with business, and intentional infliction of emotional distress. These claims were based on statements made by defendants about plaintiff through text messages and on social media regarding plaintiff’s role as the landlord of a duplex. In response to the complaint, the two non-governmental defendants filed separate motions to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6) and the Tennessee Public Participation Act (TPPA), Tennessee’s anti-SLAPP statute. While these motions were pending, plaintiff filed notice of voluntary dismissal. The trial court dismissed the matter without prejudice pursuant to Tennessee Rule of Civil Procedure 41.01, and it held that “the TPPA was not excepted from the right to dismissal without prejudice under Rule 41.01.” On appeal, this ruling was affirmed. Continue reading
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