State of Tennessee Ex Rel. David Jonathan Tulis v. Bill Lee, Governor of Tennessee Et

In this mandamus action, the petitioner/relator, acting on relation to the state, sought to have the trial court, inter alia, issue writs requiring the state governor and county health department administrator to comply with Tennessee Code Annotated § 68-5-104, which pertains to “[i]solation or quarantine.” The relator named the governor and health department administrator as respondents in both their official and “personal” capacities. Upon the respondents’ respective motions to dismiss the petition and following a hearing, the trial court entered separate orders granting the motions to dismiss as to each respondent, finding, as pertinent on appeal, that (1) the court lacked subject matter jurisdiction as to the claim against the governor in a mandamus action, (2) the court lacked subject matter jurisdiction as to the claim against the health department administrator because the relator lacked standing, and (3) the relator otherwise failed to state claims upon which relief could be granted. The trial court also granted the health department administrator’s motion for a reasonable award of attorney’s fees and costs in defending against the lawsuit in her personal capacity pursuant to Tennessee Code Annotated § 29-20-113. The relator filed motions to alter or amend, which the trial court denied following a hearing in orders certified as final pursuant to Tennessee Rule of Civil Procedure 54.02. The relator timely appealed. Concluding that (1) the trial court’s lack of subject matter jurisdiction is dispositive as to the action against the governor in his official capacity, (2) the relator’s lack of standing is dispositive as to the action against the county health administrator in her official capacity, and (3) the relator’s actions against both respondents in their personal capacities failed to state claims upon which relief could be granted, we affirm the trial court’s dismissal orders. We clarify, however, that the relator’s lack of standing with respect to his claim against the county health administrator did not equate to a lack of subject matter jurisdiction in the trial court.