Lee Dodgson v. Cheryl M. Williams

Syllabus

This appeal concerns a detainer action. Lee Dodgson (\Dodgson\) sued Cheryl M. Williams (\Williams\) in the Knox County General Sessions Court (\the General Sessions Court\). The General Sessions Court ruled in Dodgson's favor. Williams appealed to the Circuit Court for Knox County (\the Circuit Court\). Dodgson, the plaintiff in this matter, filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim. The Circuit Court granted Dodgson's motion and dismissed Williams' appeal. Williams appeals to this Court, arguing among other things that, while a motion for summary judgment might have been appropriate, a Tenn. R. Civ. P. 12.02(6) motion to dismiss for failure to state a claim was unavailable to Dodgson. We hold that Dodgson, as the plaintiff in this matter, could not use a Tenn. R. Civ. P. 12.02(6) motion as a means to dismiss Williams' appeal. We vacate the Circuit Court's judgment and remand for further proceedings consistent with this Opinion.