Andy Aylor v. Fred Carr

Syllabus

This appeal arises from the trial court's award of attorneys' fees to three state employee defendants. The plaintiff, also a state employee, sued the defendants in their individual and official capacities related to the plaintiff's termination from his employment. The defendants moved to dismiss the plaintiff's claims for failure to state a claim upon which relief can be granted pursuant to Tenn. R. Civ. P. 12.02(6). The trial court granted the motions and dismissed the plaintiff's claims with prejudice. The defendants then filed a joint motion for attorneys' fees, relying on Tenn. Code Ann. § 29-20-113, which permits a state employee to recover attorneys' fees when the employee is the \prevailing party\ on claims filed against the employee in the employee's individual capacity. The trial court granted this motion and awarded reasonable attorneys' fees and costs to the defendants. This appeal followed. We affirm.