Rachel Reiss Et Al. v. Rock Creek Construction, Inc.

This appeal involves a counterclaim asserting defamation filed by the original defendant, a construction company, concerning statements that the original plaintiffs/homeowners made online and to third parties that were allegedly damaging to the construction company’s reputation. The homeowners sought dismissal of the defamation claims pursuant to Tennessee Code Annotated § 20-17-101, et seq., known as the Tennessee Public Participation Act (“TPPA”). The trial court denied the homeowners’ motion to dismiss and ultimately entered judgment against them. The homeowners have appealed solely the trial court’s denial of their motion to dismiss. Determining that the trial court should have analyzed the motion to dismiss pursuant to the provisions of the TPPA rather than applying a traditional Tennessee Rule of Civil Procedure 12 analysis, we vacate the court’s denial of the motion to dismiss and remand for further proceedings. We also vacate the trial court’s monetary award to the defendant construction company and remand that issue for further consideration once the motion to dismiss has been properly adjudicated.