C & M PROPERTIES, LLC v. Burbidge

MEMORANDUM DECISION AND ORDER

DEE BENSON, District Judge.

I. INTRODUCTION

Appellant C & M Properties, LLC has appealed the bankruptcy court’s June 9, 2006 order granting Appellee Burbidge & Mitchell’s motion to dismiss which was treated by the bankruptcy court as a motion for summary judgment. By its order, the bankruptcy court dismissed C & M’s adversary proceeding for legal malpractice against Burbidge & Mitchell with prejudice on judicial estoppel grounds.

II. FACTUAL BACKGROUND

C & M is a limited liability company that owned real property located in the proximity of The Canyons Resort in…