State of Tennessee, ex rel., Marlinee Iverson, County Attorney for Shelby County, Tennessee v. Wanda Halbert

A complaint for ouster was filed nominally on behalf of the Shelby County Attorney against Shelby County Clerk Wanda Halbert. The defendant clerk filed a motion to dismiss, arguing that the plaintiff lacked standing because the complaint was being prosecuted by a deputy county attorney and outside counsel due to a personal conflict of interest by the named county attorney. The plaintiff then filed a motion for default judgment, arguing that a motion to dismiss was not a proper pleading under the ouster statutes. The trial court denied the motion for default judgment and permitted the defendant clerk to file an answer. The trial court then dismissed the case for lack of subject matter jurisdiction due to the plaintiff’s lack of standing. We affirm the denial of the motion for default judgment, reverse the dismissal for lack of subject matter jurisdiction, and remand for further proceedings.