Trevor Adamson v. Sarah E. Grove, et al.

In this case, the plaintiff filed a complaint alleging defamation and related causes of action.

Before the defendants filed an answer or any other pleading, the plaintiff filed a notice of

voluntary dismissal, and the trial court entered an order of voluntary dismissal without

prejudice. Within thirty days, the defendants filed a combined motion to alter or amend

and petition to dismiss the complaint with prejudice pursuant to the Tennessee Public

Participation Act (TPPA), Tenn. Code Ann. § 20-17-101, et seq., seeking an award of

attorney fees and sanctions. The trial court ultimately entered an order altering or

amending the order of voluntary dismissal without prejudice, granting the defendants’

petition to dismiss with prejudice under the TPPA, and ordering the plaintiff to pay $15,000

in attorney fees in addition to $24,000 in sanctions. The plaintiff has appealed and raised

numerous issues, including a challenge to the trial court’s subject matter jurisdiction after

the nonsuit. For the following reasons, we reverse the trial court’s order granting the

motion to alter or amend, vacate the trial court’s order granting the appellees’ petition to

dismiss with prejudice and awarding attorney fees and sanctions, and remand.