“A motion to dismiss challenges the legal sufficiency of the complaint rather than the strength of the plaintiff's proof or evidence.” (Waddell v. Waddell, No. W2020-00220-COA-R3-CV, at *14 [Tenn. Ct. App. Mar. 14, 2023] citing Phillips v. Montgomery Cnty., 442 S.W.3d 233, 237 [Tenn. 2014[] quoting Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 426 [Tenn. 2011].) “In analyzing the legal sufficiency of the complaint, we must presume that all factual allegations in the complaint are true and construe them in favor of the plaintiff.” (Foster v. Chiles, 467 S.W.3d 911, 914 [Tenn. 2015] citing Lind v. Beaman Dodge, Inc., 356 S.W.3d 889, 894 [Tenn. 2011] citing Stein v. Davidson Hotel Co., 945 S.W.2d 714, 716 [Tenn.1997].)
The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(Tenn. R. Civ. P. 7.02.)
“A trial court should grant a motion to dismiss 'only when it appears that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.” Runyon v. Zacharias, 556 S.W.3d 732, 737 [Tenn. Ct. App. 2018] quoting Webb, 346 S.W.3d at 426.)
“Although ‘[a] complaint need not contain detailed allegations of all the facts giving rise to the claim, [] it 'must contain sufficient factual allegations to articulate a claim for relief.’” (Webb, supra, 346 S.W.3d at 427 quoting Abshure v. Methodist Healthcare-Memphis Hospitals, 325 S.W.3d 98, 103-04 [Tenn. 2010].)
“‘The facts pleaded, and the inferences reasonably drawn from these facts, must raise the pleader's right to relief beyond the speculative level.’” Webb, 346 S.W.3d at 427 (quoting Abshure, 325 S.W.3d at 104). “Furthermore, ‘courts are not required to accept as true assertions that are merely legal arguments or 'legal conclusions' couched as facts.’” (Waddell v. Waddell, No. W2020-00220-COA-R3-CV, at *14 [Tenn. Ct. App. Mar. 14, 2023] citing Runyon, surpa, 556 S.W.3d at 737 [Tenn. Ct. App. 2018] citing Webb, 346 S.W.3d at 427 quoting Riggs v. Burson, 941 S.W.2d 44, 47-48 [Tenn. 1997].)
Tennessee Code Annotated section 20-12-119(c)(1) provides, in relevant part:
“[W]here a trial court grants a motion to dismiss pursuant to Rule 12 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief may be granted, the court shall award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney's fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties.”
“The awarded costs and fees shall be paid by the party or parties whose claim or claims were dismissed as a result of the granted motion to dismiss.”
Further, under subsection (2):
“Costs shall include all reasonable and necessary litigation costs actually incurred due to the proceedings that resulted from the filing of the dismissed claims, including, but not limited to:
(See, Westfield Grp. Ins. v. Embry, No. M2022-01301-COA-R3-CV, at *2 n.1 [Tenn. Ct. App. Sep. 28, 2023] citing id.)
Feb 27, 2024
Dismissal
Shelby County
Shelby County, TN
EJ - Pet/Enroll Foreign Judgment
Creditor
Judgment Enforcement
Feb 20, 2024
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
TT - TORT
Dec 20, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Dec 13, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Dec 04, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Dec 01, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
CL - CERTIORARI - LOWER CT APL
Nov 07, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
Nov 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
Nov 01, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Oct 27, 2023
Dismissal
Shelby County
Shelby County, TN
EJ - Pet/Enroll Foreign Judgment
Creditor
Judgment Enforcement
Sep 19, 2023
Dismissal
Shelby County
Shelby County, TN
EJ - Pet/Enroll Foreign Judgment
Creditor
Judgment Enforcement
Sep 18, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
AG - APPEAL FR GENERAL SESSIONS CT
Sep 18, 2023
Closed
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Sep 14, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MC - MISCELLANEOUS
Sep 13, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Sep 11, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Aug 29, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Aug 25, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 24, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
FJ - PET TO ENFORCE FOR JDGMNT
Jul 20, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 18, 2023
Appealed
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 14, 2023
CBSATISFY - COST BILL SATISFIED
Shelby County
Shelby County, TN
MC - MISCELLANEOUS
Jul 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 10, 2023
Dismissal
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Jun 20, 2023
Dismissal
Shelby County
Shelby County, TN
Jun 16, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 12, 2023
Dismissal
Shelby County
Shelby County, TN
Jun 07, 2023
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
May 31, 2023
Dismissal
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
May 31, 2023
Dismissal
Shelby County
Shelby County, TN
EJ - Pet/Enroll Foreign Judgment
Creditor
Judgment Enforcement
May 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
May 26, 2023
CBSATISFY - COST BILL SATISFIED
Shelby County
Shelby County, TN
TT - TORT
May 23, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
May 22, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
May 22, 2023
Dismissal
Shelby County
Shelby County, TN
TT - TORT
May 12, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
May 08, 2023
Dismissal
Shelby County
Shelby County, TN
MC - MISCELLANEOUS
May 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
Apr 24, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Apr 24, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Apr 20, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Apr 11, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Mar 29, 2023
Dismissal
Shelby County
Shelby County, TN
Mar 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Mar 27, 2023
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Mar 23, 2023
Closed
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Mar 22, 2023
Dismissal
Shelby County
Shelby County, TN
Mar 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Mar 09, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Mar 03, 2023
Dismissal
Shelby County
Shelby County, TN
TT - TORT
Mar 01, 2023
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Feb 27, 2023
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Feb 22, 2023
Dismissal
Shelby County
Shelby County, TN
TT - TORT
Feb 15, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Feb 10, 2023
Dismissal
Shelby County
Shelby County, TN
Feb 10, 2023
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Feb 10, 2023
Dismissal
Shelby County
Shelby County, TN
TS - TRANSFER FROM SHELBY CO
Feb 07, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 30, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 26, 2023
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jan 26, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
Jan 26, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 26, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 17, 2023
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 17, 2023
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Jan 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
Dec 27, 2022
Dismissal
Shelby County
Shelby County, TN
Dec 27, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Dec 19, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Dec 16, 2022
Dismissal
Shelby County
Shelby County, TN
Dec 16, 2022
Dismissal
Shelby County
Shelby County, TN
FJ - PET TO ENFORCE FOR JDGMNT
Dec 16, 2022
Dismissal
Shelby County
Shelby County, TN
FJ - PET TO ENFORCE FOR JDGMNT
Dec 14, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Dec 09, 2022
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Dec 08, 2022
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Dec 08, 2022
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Dec 05, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 29, 2022
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Nov 23, 2022
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 22, 2022
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Nov 22, 2022
Dismissal
Shelby County
Shelby County, TN
OP - ORDER OF PROTECTION
Nov 18, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Nov 16, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Nov 16, 2022
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 15, 2022
Dismissal
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
Nov 14, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 14, 2022
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Nov 14, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 08, 2022
Dismissal
Shelby County
Shelby County, TN
Nov 04, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Nov 03, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Nov 02, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Oct 28, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Oct 20, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Oct 20, 2022
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Oct 19, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Oct 17, 2022
Dismissal
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Oct 12, 2022
Dismissal
Shelby County
Shelby County, TN
Oct 07, 2022
Dismissal
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
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