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) the defendant’s request for attorneys’ fees under Tenn. Code Ann. § 20-12-119(c)(3)did not create a “vested right” preventing the plaintiff from voluntarily dismissing its case.
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