A trial court’s order denying Horwitz Law, PLLC clients Joshua and Leah Debity’s Tennessee Public Participation Act Petition to Dismiss must be vacated, the Tennessee Court of Appeals has ruled. The trial court’s “incorporated oral ruling does not indicate why the trial court dismissed the TPPA Petition within the context of the burden shifting mechanism found in Tennessee
Code Annotated section 20-17-105(a) through (c)[,]” the Court of Appeals’ opinion explains. “There is no analysis of whether Defendants met their ‘burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party’s exercise of the right to free speech, right to petition, or right of association,’ Tenn. Code Ann. § 20-17-105(a), whether Plaintiffs established ‘a prima facie case for each essential element of the claim in the legal action,’ Tenn. Code Ann. § 20-17-105(b), or whether Defendants established ‘a valid defense to the claims in the legal action.’ Tenn. Code Ann. § 20-17-105(c).” “Thus, we cannot discern the basis for the trial court’s ruling from its written order and incorporated oral ruling[,]” and “[b]ecause the trial court’s written order does not contain the reasoning for its denial of the TPPA Petition, we vacate and remand for entry of an order explaining the trial court’s decision.”
The case arose out of a dispute between neighbors. The victory makes three 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/David%20L.%20Richman%20v%20Joshua%20Debity%20Et%20Al..pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Debity-Principal-Brief-Stampfiled.pdf
Horwitz Law, PLLC’s Reply Brief: https://horwitz.law/wp-content/uploads/Debity-Reply-Brief-Stampfiled-1.pdf
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