A trial court’s order denying Horwitz Law, PLLC clients Linda Ward and Caledonia Forest’s Tennessee Public Participation Act Petition to Dismiss must be reversed and remanded, the Tennessee Court of Appeals has ruled. The ruling sets multiple important precedents under the Tennessee Public Participation Act, including: (1) that plaintiffs can waive a “claim that . . . defendant did not meet their burden under Tenn. Code Ann. § 20-17-105(a),” (2) that “five days before the hearing is that latest you can file a response to the petition, and (3) that “[e]verything that plaintiffs file related to the hearing on the petition is a response to the petition, even an affidavit.” Because the trial court erred both by denying the defendants’ Tennessee Public Participation Act Petition to Dismiss on an unargued ground and by considering evidence that was not timely submitted, the Tennessee Court of Appeals ruled that “[t]he judgment of the trial court is reversed and remanded[.]”
The case arose out of a negative review of a contractor and a website detailing the Defendants’ poor experience with the Plaintiffs. The victory makes seven 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-%20M2024-00151-COA-R3-CV.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Appellants-Principal-Brief-Stampfiled-1.pdf
Horwitz Law, PLLC’s Reply Brief: https://horwitz.law/wp-content/uploads/Ward-Reply-Brief-Stampfiled.pdf
Oral Argument: https://www.youtube.com/watch?v=QlHhovWUm_I
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