Dallas K. Hurley, Jr. v. Ryan B. Pickens, M.D.

OPINION

in which John W. McClarty and Arnold B. Goldin, JJ., joined.

Dallas K. Hurley, Jr. (“Plaintiff’) sued Ryan B. Pickens, M.D. and University Urology, P.C, (“Defendants”) alleging claims for health care liability. Defendants filed a motion to dismiss. While the motion to dismiss was pending, Plaintiff filed a notice of and motion for voluntary dismissal pursuant to Tenn. R. Civ; P. 41. The Circuit Court for Knox County (“the Trial Court") granted Plaintiff a voluntary dismissal without prejudice. Defendants appeal to this Court raising issues regarding whether Plaintiff had the right to…