JOHN MILTON ARLEDGE v. BRENDA PAULETTE CRIPPS ARLEDGE, ET AL. - Articles

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Posted by: Tanja Trezise on May 29, 2015

Court: TN Court of Appeals

Attorneys 1:

Carol A. Malloy, Lynnville, Tennessee, for the appellant, Robert Hattaway.

Attorneys 2:

Randy Wakefield, Carthage, Tennessee, for the appellee, Brenda Paulette Arledge.

Judge(s): ARMSTRONG

This case concerns the applicability of Tennessee Code Annotated Section 20-12-119(c). When the trial court grants a motion to dismiss pursuant to Tennessee Rule of Civil Procedure 12 for failure to state a claim upon which relief may be granted, Section 20-12-119(c) requires the trial court to award the dismissed party his or her reasonable attorney’s fees. In this case, Appellant was dismissed from the lawsuit, but the trial court denied an award of attorney’s fees. Because the trial court’s orders do not specify on what grounds it dismissed Appellant, we cannot determine whether Section 20-12-119(c) was triggered in this case. Accordingly, we vacate and remand for entry of an order specifying the grounds for dismissal.

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