Williamson County Chancery Court Judge Deanna Johnson’s order dismissing Horwitz Law, PLLC client Melissa Salmon’s complaint against Fellowship Bible Church of Williamson County must be reversed, the Tennessee Court of Appeals has ruled. The case arose out of an important new law—Tennessee Code Annotated section 29-34-103—that prevents parties from using settlement agreements to cover up allegations of child sexual abuse.
“Ms. Salmon’s complaint pleaded the following facts sufficient to demonstrate that an actual controversy existed: Ms. Salmon is currently restricted by certain provisions in a settlement agreement whose purpose and effect is to conceal details of sexual abuse of her son; subsequent to execution of the agreement a law was passed declaring such provisions contrary to Tennessee public policy; Ms. Salmon thinks the statute frees her from remaining silent about the abuse and wants a declaration to that effect and she also wants a ‘negative injunction’ forbidding the Church from enforcing the settlement agreement and the amendment to it[,]” the Tennessee Court of Appeals’ unanimous ruling explains. “So, the controversy is: does Tenn. Code Ann. § 29-34-103 apply to allow Ms. Salmon to discuss the details of her son’s abuse or does it not. This controversy involves questions of statutory interpretation and constitutional law. Furthermore, we note that the trial court granted the Church’s motion to dismiss and then ruled on the merits. As we have said before, doing so ‘illustrates that there was a controversy for the trial court to decide.’”
The Tennessee Court of Appeals’ ruling is the latest in a series of Tennessee appellate precedents holding that “Tennessee Rule of Civil Procedure 12.02(6) motions to dismiss are seldom appropriate in declaratory judgment actions provided there is an actual controversy that may be resolved by means of a declaration of the parties’ respective rights.” The victory makes nine straight Tennessee Court of Appeals wins (all as appellant) for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
Tennessee Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2024-00377-COA-R3-CV.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Salmon-Principal-Brief-Redacted.pdf
Horwitz Law, PLLC’s Reply Brief: https://horwitz.law/wp-content/uploads/Salmon-Reply-Br.pdf
Oral Argument: https://www.youtube.com/watch?v=UoXqaXU3aO0
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