Discover Bank Issuer of Discover Card v. Layton Howell, III

Plaintiff filed a Complaint on Sworn Account, pursuant to Tennessee Code Annotated § 245-107, for unpaid credit card charges against the credit card holder. Plaintiff subsequently filed a motion for summary judgment that was accompanied by a statement of the material facts as to which Plaintiff contended there was no genuine issue for trial, and each fact was set forth in a separate, numbered paragraph as the rule required, with a specific citation to the record. Defendant filed a response objecting to the motion; however, Defendant failed to demonstrate that the facts Plaintiff relied upon in making the motion for summary judgment were, in fact, disputed as required by Tennessee Rule of Civil Procedure 56.03. As a consequence, the facts relied upon by Plaintiff were undisputed and the trial court determined that Plaintiff was entitled to judgment for the amount owed. We affirm.