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Judge to rule after heated discovery hearing over attorney fees in pool-contractor case
Summary
In a dispute over a motion to compel in Douglas Simmons v. Sundance Pool & Spa Inc., the court heard dueling accounts about whether discovery was paused for mediation and will issue a written ruling on entitlement to attorney fees.
A Cheatham County judge heard arguments Wednesday over whether the court should award attorney fees after granting a motion to compel discovery in a civil dispute between Douglas Simmons and Sundance Pool & Spa Inc. Counsel for the plaintiff, Noel Bagwell, asked the court to make an award of reasonable costs and attorney fees explicit in a previously entered order; defense counsel argued the opposition was “substantially justified” by a mutually held assumption that discovery was paused pending mediation.
Bagwell told the court the motion to compel had been granted and no finding was made that the plaintiff’s motion was substantially unjustified; he urged the court…
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