Jessica Hampton v. Daniel Millsaps

Syllabus

This appeal requires us to determine whether the Tennessee Public Participation Act mandates dismissal of Appellants/Builders' slander claim and whether the trial court properly awarded attorney's fees. After Appellants filed a construction lien against Appellees/Homeowners' property, Appellees filed a complaint against Appellants with the Tennessee Board of Licensing Contractors, wherein they asserted that Appellants did not have a valid Tennessee contractor's license. After Appellees filed the instant lawsuit, Appellants filed a counter-complaint, asserting, as relevant here, a claim for defamation based on allegedly false statements made to the Board regarding Appellants' licensure. Appellees filed a motion to dismiss Appellants' slander claim. Appellees' motion, which was predicated on the dismissal provision contained in the Tennessee Public Participation Act, asserted that Appellants' defamation claim was filed in response to Appellees' exercise of their constitutional right to free speech on a matter of public concern. The trial court granted Appellees' motion for partial dismissal and awarded attorney's fees. Appellants appeal. Discerning no error, we affirm.