HEATHER MICHELE COHEN and ADAM LEE COHEN v. TRISHA CLARKE and MICHELLE JULIAN - Articles

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Posted by: Tanja Trezise on Jan 13, 2014

Court: TN Court of Appeals

Attorneys 1: Joe Napiltonia, Franklin, Tennessee, for the appellants, Heather Michele Cohen and Adam Lee Cohen.

Attorneys 2:

No attorney information listed for appellees

Judge(s): STAFFORD

This is an appeal of the trial court’s dismissal of Appellants’ defamation lawsuit. The trial court granted Appellees’ motions to dismiss under both Tennessee Rule of Civil Procedure 12.02(6), and under Tennessee Rule of Civil Procedure 41.02, for violation of Tennessee Rules of Civil Procedure 11 and 45. We conclude that the trial court erred in granting the Rule 12.02 motion when the Appellants’ motion to amend their pleadings was still pending. We further conclude that the trial court’s stated reasons for granting the Rule 41.02 motion are not sufficient to justify the drastic sanction of dismissal. Accordingly, we vacate the trial court’s order and remand for further proceedings. Vacated and remanded.

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