Trial Court's Grant of Voluntary Dismissal in Face of Pending Motion to Dismiss Upheld on Appeal

The Tennessee Court of Appeals has issued its opinion in Westfield Group Insurance v. Embry, No. M2022-01301-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2023). The syllabus reads:

In this appeal, a defendant asserts that the trial court erred when it granted the plaintiff’s motion to voluntarily dismiss its complaint while the defendant’s motion to dismiss and for attorneys’ fees was pending. We hold that a pending motion to dismiss does not preclude the plaintiff from voluntarily dismissing its case pursuant to Tenn. R. Civ. P. 41.01. Likewise, the defendant’s request for attorneys’ fees did not create a “vested right” preventing the plaintiff from voluntarily dismissing its case. The ruling of the trial court is affirmed.

Here is a link to the slip opinion: 

E-SIGNED-M2022-1301-COA-WESTFIELD GROUP INS..pdf (tncourts.gov).

NOTE: This opinion explains very well how the law on voluntary dismissals (nonsuits) work in Tennessee state-court civil actions.