American Express Centurion Bank v. John Lowrey

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs January 30, 2013 AMERICAN EXPRESS CENTURION BANK v. JOHN LOWREY Direct Appeal from the Circuit Court for Knox County No. 1-180-10 Dale C. Workman, Judge No. E2011-01247-COA-R3-CV-FILED-MARCH 11, 2013 The trial court dismissed this case on the ground that the plaintiff credit card company failed to timely respond to discovery requests. We reverse, concluding that the trial court erred in dismissing the case without sufficient evidence of contumacious conduct on behalf of the plaintiff. Tenn. R. App. P. 3. Appeal as of Right;…