Mitchell D. Horst, et al. v. Gary Gaar

The Plaintiffs filed suit against the former father-in-law of one of the Plaintiffs, complaining that, following alleged statements the former father-in-law made to a third party, the third party moved money that had been invested with the former son-in-law. The former father-in-law sought to dismiss the claims that were asserted against him, both pursuant to a Tenn. R. Civ. P. 12 motion to dismiss for failure to state a claim and pursuant to a petition under the Tennessee Public Participation Act. After initially dismissing the Plaintiffs’ complaint for failure to state a claim and denying a motion to alter or amend, the trial court held a separate hearing regarding dismissal under the Tennessee Public Participation Act. Ultimately, the trial court ruled that dismissal under the Tennessee Public Participation Act was appropriate and concluded that the former father-in-law was entitled to costs and attorney’s fees in connection with this litigation, both in relation to the Tennessee Public Participation Act petition and the Rule 12 dismissal. For the specific reasons stated herein, we affirm the trial court’s dismissal under Rule 12, vacate its dismissal—and award of costs and attorney’s fees—under the Tennessee Public Participation Act, and affirm the award of costs and attorney’s fees that stemmed from the trial court’s Rule 12 dismissal.