Richard H. Niehaus Et Al. v. Darnell Wade Houfek Et Al.

This appeal, arising from a land dispute, concerns the trial court’s dismissal of several
claims against multiple parties pursuant to motions to dismiss filed under Rule 12.02(6) of
the Tennessee Rules of Civil Procedure. Although the terms of an “Agreed Final Order”
reflected that the Appellants waived their right to appeal any issue regarding two of the
parties in this case, the same order also signaled that nothing prevented the Appellants from
appealing matters involving two other individual parties. Through the present appeal, the
Appellants challenge the dismissal of their claims against these other individual parties.
Although we largely affirm the trial court’s dismissal order, we reverse in part.
Specifically, we hold that, on account of certain allegations that were pled pertaining to the
cutting of trees on the Appellants’ property, the wholesale dismissal of one of the individual
parties was improper.