(a) If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counter claimant is the prevailing party for the purpose of recovering contractual attorney fees.

Terms Used In Tennessee Code 20-6-301

  • Contract: A legal written agreement that becomes binding when signed.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(b) This section shall only apply if the contract clause providing for attorney fees applies equally to all parties to the contract.
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