Voluntary Dismissal Proper Even If Motion to Dismiss and Request for Attorneys’ Fees Is Pending.
In Westfield Ins. Group A/S/O David and Carol Neiger v. Embry, No. M2022-01301-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2023), the Court of Appeals ruled that (a) a pending motion to dismiss did not preclude the plaintiff from voluntarily dismissing its case pursuant to Tenn. R. Civ. P. 41.01; and (b)