Sedwick v. Gwinn

Pekelis, A.C.J.

— Stephen, Stanley, and Ruth Gwinn (the Gwinns) appeal the trial court’s order granting Katharine Sedwick’s (Sedwick) motion for partial summary judgment. The Gwinns contend that genuine issues of material fact exist as to whether the challenged loan transactions involved either the actual intent to defraud or constructive fraud under the Uniform Fraudulent Transfer Act. We agree and reverse.

I

In September 1991, trial commenced between Katharine Sedwick and Stephen Gwinn on Sedwick’s petition for a postdissolution modification to their parenting plan. At this time, Stephen…