3D Construction & Development, L.L.C. v. Old Standard Life Insurance Co.

OPINION

GREENWOOD, Judge:

¶ 1 Plaintiff 3D Construction and Development, L.L.C. appeals the trial court’s grant of Defendants’ 1 motion for summary judgment. Specifically, Plaintiff argues that the trial court erred by concluding that the doctrines of judicial estoppel and issue preclusion barred Plaintiffs action. We reverse and remand.

BACKGROUND 2

¶ 2 In October 2001, Old Standard loaned Plaintiff $3,905,000 in exchange for a promissory note (the Note) secured by a deed of trust on several of Plaintiffs real properties in Box Elder County, Utah. The Note provided that Old Standard was to…