MELISSA SALMON v. FELLOWSHIP BIBLE CHURCH OF WILLIAMSON COUNTY - Articles

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Posted by: Stacey Shrader Joslin on Dec 23, 2024

Court: TN Court of Appeals

Attorneys 1: Daniel Alexander Horwitz and Melissa Kathleen Dix, Nashville, Tennessee, for the appellant, Melissa Salmon.

Attorneys 2: Alan Daniel Hall, Franklin, Tennessee, for the appellee, Fellowship Bible Church of Williamson County.

Judge(s): BENNETT

The plaintiff filed a declaratory judgment action seeking a declaration on whether a settlement agreement she signed in 2016 and amended in 2017 still requires her silence on the details of the alleged sexual abuse of her son in light of the 2018 enactment of Tenn. Code Ann. § 29-34-103, which makes such agreements “void and unenforceable as contrary to the public policy of this state.” The trial court granted the defendant’s motion to dismiss, issued a blanket sealing order, and held that the Attorney General and Reporter did not have to be notified of the action and that the plaintiff’s interpretation of the statute would lead to unconstitutional retrospective application. We reverse the trial court’s grant of the motion to dismiss, vacate the decisions on the remaining issues, and remand the matter for further proceedings consistent with this opinion.
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