The Tennessee Supreme Court has ruled that attorney's fees under the Tennessee Public Participation Act (TPPA) cannot be recovered if a plaintiff voluntarily dismisses their case. The TPPA is an anti-SLAPP statute designed to protect individuals from lawsuits intended to suppress free speech by imposing expensive legal proceedings.
The ruling came after Robert E. Lee Flade filed a lawsuit against several defendants over remarks made on social media, which he deemed disparaging. Two defendants responded by filing petitions under the TPPA, arguing that Flade's lawsuit was a SLAPP suit and should be dismissed. Before these petitions could be heard in court, Flade chose to voluntarily dismiss his lawsuit.
Despite this dismissal, the defendants requested the trial court to rule on their TPPA petitions. However, the trial court declined, stating that Flade’s voluntary dismissal concluded the matter. This decision was later upheld by the Court of Appeals.
In its unanimous opinion, the Supreme Court affirmed the lower courts' decisions. It emphasized that voluntary dismissal is a well-established right under Tennessee law with limited exceptions. The Court examined whether filing a TPPA petition constituted such an exception but found no valid grounds for this claim.
For those interested in reading more about this case, titled "Flade v. City of Shelbyville," Justice Jeff Bivins authored the opinion available on TNCourts.gov.