Tennessee Appellate Practice

Horwitz Law, PLLC Wins Tennessee Supreme Court Victory Holding that Defendants Prevail When Plaintiffs Nonsuit

When plaintiffs nonsuit (meaning voluntarily dismiss) their own claims, defendants are “prevailing parties” under statutory and contractual fee-shifting provisions, the Tennessee Supreme Court has held.  The precedent-setting victory for Horwitz Law, PLLC client Vanessa Turner will affect thousands of cases in Tennessee each year

Horwitz Law, PLLC Wins Unanimous Tennessee Court of Appeals Reversal of Trial Court Order Dismissing Declaratory Judgment Action

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

Horwitz Law, PLLC Wins Unanimous Tennessee Court of Appeals Reversal of Trial Court Order Dismissing Inmate’s Lawsuit for Failure to Exhaust Administrative Remedies

Hardeman County Chancery Court Judge William C. Cole's order dismissing Horwitz Law, PLLC client Benjamin Douglas's lawsuit against the Tennessee Department of Correction must be reversed, the Tennessee Court of Appeals has ruled.  The lawsuit seeks injunctive and declaratory relief based on the safe

Tennessee Court of Appeals Orders Aldermen to Pay Horwitz Law, PLLC Clients’ Appellate Attorney’s Fees

Three Aldermen who sued their constituents for petitioning them about local issues must pay their constituents' appellate attorney's fees, the Tennessee Court of Appeals has ruled.  The appeal arose from a trial court’s January 23, 2024 order dismissing a “Strategic Lawsuit Against Public Participation” (a

Horwitz Law, PLLC Secures Tennessee Court of Appeals Reversal of Unconstitutional Prior Restraint

"A trial court’s personal opinion is not a basis for restricting a person’s constitutional right to free speech," the Tennessee Court of Appeals has ruled. The ruling is a major and precedent-setting First Amendment victory for Horwitz Law, PLLC client Michael Malone. "There is

In Victory for Horwitz Law PLLC Client, Tennessee Supreme Court Rules that the Tennessee Bureau of Investigation Lacks Authority to Violate Court Orders

“The determination of whether an offense is eligible for expunction is an obligation entrusted to courts, not the TBI[,]” the Tennessee Supreme Court has ruled.  Accordingly, “the TBI lacked authority to refuse to comply” with a final and unappealed expungement order that no statute

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