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IN THE CHANCERY COURT FOR THE FIRST JUDICIAL

DISTRICT AT WASHINGTON COUNTY, TENNESSEE

COOTIE BROWN’S, INC. )


Plaintiff, ) Docket No. 20-CV-0382
)
vs. )
)
ABIGAIL HONEYCUTT, EMILY )
BARNES, and JANE DOE, i.e., any )
administrator(s) of the Tri-Cities )
Hospitality Assistance, Community )
Organization, Facebook Page, )
whose identity is presently unknown, )
Defendants. )
____________________________________)

DEFENDANTS’ MOTION TO TRANSFER TO CIRCUIT COURT

COME NOW, Defendants Abigail Honeycutt and Emily Barnes (hereinafter “Ms.
Honeycutt” and “Ms. Barnes”), by counsel, and move to transfer the above-referenced cause to
Circuit Court. The grounds for this motion are set forth in the attached memorandum incorporated
by reference herein.

RESPECTFULLY SUBMITTED:

____________________
Grace E. Studer, BPR #037394
SPURRELL & STUDER LAW GROUP
128 East Market Street
Johnson City, TN 37604
Telephone: (423) 926-9421
Facsimile: (888) 526-1020
Counsel for Defendants Honeycutt
& Barn

0
IN THE CHANCERY COURT FOR THE FIRST JUDICIAL
DISTRICT AT WASHINGTON COUNTY, TENNESSEE

COOTIE BROWN’S, INC. )


Plaintiff, ) Docket No. 20-CV-0382
)
vs. )
)
ABIGAIL HONEYCUTT, EMILY )
BARNES, and JANE DOE, i.e., any )
administrator(s) of the Tri-Cities )
Hospitality Assistance, Community )
Organization, Facebook Page, )
whose identity is presently unknown, )
Defendants. )
____________________________________)

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’


MOTION TO TRANSFER TO CIRCUIT COURT

Ms. Honeycutt and Ms. Barnes submit this memorandum of law in support of their motion

to transfer this cause to Circuit Court based on Chancery Court’s lack of subject matter jurisdiction.

FACTUAL BACKGROUND

The Plaintiff, Cootie Brown’s, Inc., filed a Complaint with this Court on or about July 23rd,

2020, against Ms. Honeycutt and Ms. Barnes for statements made in the role as administrators of

a Facebook Page, Tri-Cities Hospitality Assistance. See Plaintiff’s Amended Complaint, ¶ 6, p. 2.

Plaintiff alleges numerous causes of action against Ms. Honeycutt and Ms. Barnes, including

defamation (both libel and slander), false light invasion of privacy, intentional infliction of

temporal, economic, and property damages. Plaintiff amended its Complaint on or about July 30th,

2020, to allege the additional claim of intentional interference with business relations against Ms.

Barnes. See generally Plaintiff’s Amended Complaint.

As to relief, Plaintiff requests that a, “trial be conducted in this cause by the Chancery

Court, the injunctive relief being sought being primarily equitable in nature” but also that “Plaintiff

be granted a Judgment against the Defendants, individually, in the amount of $75,000.00 each for

Memorandum of Law in Support of Motion to Transfer 1


compensatory damages” and “jointly and severally, in the amount of $300,000, said amount being

just and reasonable for punitive damages.” See Plaintiff’s Amended Complaint, ¶ B-D, p. 8.

LEGAL STANDARD & ARGUMENT

Before reaching any substantive issues in this case, the Court is bound to examine whether

it has subject matter jurisdiction over the claims presented. The Tennessee Supreme Court has held

the following with respect to subject matter jurisdiction:

Subject matter jurisdiction involves the court’s lawful authority to adjudicate a


controversy brought before it. Subject matter jurisdiction is conferred by statute or
the Tennessee Constitution; the parties cannot confer it by appearance, plea,
consent, silence, or waiver. Any order entered by a court lacking jurisdiction over
the subject matter is void. Therefore, subject matter jurisdiction is a threshold
inquiry, which may be raised at any time in court.

Johnson v. Hopkins, 432 S.W.3d 840, 843-44 (Tenn. 2013) (citations omitted) (emphases

added). The circuit court has exclusive jurisdiction over suits seeking unliquidated

damages pursuant to Tenn. Code. Ann. § 16-11-102 as follows:

(a) The chancery court has concurrent jurisdiction, with the circuit court, of
all civil causes of action, triable in the circuit court, except for unliquidated
damages for injuries to person or character, and except for unliquidated
damages for injuries to property not resulting from a breach of oral or written
contract; and no demurrer for want of jurisdiction of the cause of action shall
be sustained in the chancery court; except in the cases excepted.

(b) Any suit in the nature of the cases excepted above brought in the chancery court,
where objection has not been taken by a plea to the jurisdiction, may be
transferred to the circuit court of the county, or heard and determined by the
chancery court upon the principles of a court of law.

Tenn. Code. Ann. § 16-11-102 (emphasis added). According to our Supreme Court, “where a

jurisdictional objection has been made, such a transfer [to circuit court] is mandated.”

Flowers v. Dyer County, 830 S.W.2d 51., 52 (Tenn. 1992) (emphasis added); Williams v. City of

Milan, (Tenn. App. 2011) (transferring Plaintiff’s claims to circuit court because Plaintiff seeks

unliquidated damages).

Memorandum of Law in Support of Motion to Transfer 2


The instant case must be transferred to Circuit Court if Plaintiff wishes to seek monetary

damages as prayed for in its Amended Complaint.

CONCLUSION

For the foregoing reasons, Defendant Honeycutt’s and Barnes’s Motion to Transfer to

Circuit Court should be GRANTED.

RESPECTFULLY SUBMITTED:

____________________
Grace E. Studer, BPR #037394
SPURRELL & STUDER LAW GROUP
128 East Market Street
Johnson City, TN 37604
Telephone: (423) 926-9421
Facsimile: (888) 526-1020
Counsel for Defendants Honeycutt
& Barnes

Memorandum of Law in Support of Motion to Transfer 3


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy of the foregoing Motion to
Transfer and Memorandum of Law in Support has been served upon all counsel of record via U.S.
Mail, postage prepaid, or via facsimile on this 10th day of August 2020 as follows:

Ricky A.W. Curtis


3229 Highway 126
Blountville, TN 37617
Attorney for Plaintiff

_________________________________
Grace E. Studer

Certificate of Service 4

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