Court Affirms Dismissal for Discovery and Other Lapses

KNOXVILLE, Tenn. - A Tennessee appellate court has affirmed dismissal of a couple's mold lawsuit against a heating and air conditioning firm and other defendants, saying it found sufficient evidence of discovery lapses to support the trial court's discretionary decision. Amanns, et al. v. Grissom, et al., No. E2009-00802-COA-R3-CV (Tenn. Ct. App.).

Writing for the Court of Appeals, Judge D. Michael Swiney said in the June 30 opinion that while "reasonable minds could disagree as to the propriety of the Trial Court's decision," that is "the very essence" of a discretionary decision.

Ty and Kim Amanns sued Grissom Heat & …