INDUSTRIAL BOILER & MECHANICAL CO., INC. v. TYLER ANDREW EVATT ET AL. - Articles

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INDUSTRIAL BOILER & MECHANICAL CO., INC. v. TYLER ANDREW EVATT ET AL.

Posted by: Azya Thornton on Aug 8, 2025

Court: TN Court of Appeals

Attorneys 1: Darald J. Schaffer, Chattanooga, Tennessee, for the appellant, Industrial Boiler & Mechanical Co., Inc.

Attorneys 2: Everett L. Hixson III, Chattanooga, Tennessee, for the appellee, Gene Matthew Davies.

Attorneys 3: Michael M. Thomas, Chattanooga, Tennessee, for the appellee, Premier Boiler & Combustion, LLC.

Attorneys 4: Phillip Fleenor, Chattanooga, Tennessee, for the appellee, Tyler Evatt.

Judge(s): DAVIS

The plaintiff in this non-compete dispute raised several causes of action in the operative complaint but later filed a notice of voluntary nonsuit as to one of the claims within the suit. The defendants did not object at the time but nearly two years later filed a motion to dismiss the entire suit. The defendants asserted that Tennessee Rule of Civil Procedure 41.01 does not allow plaintiffs to dismiss one or more but fewer than all of the claims in a lawsuit. The trial court agreed and dismissed the plaintiff’s remaining claims without prejudice. The plaintiff appeals. We reverse.

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