Gardner v. Marcum

Mikell, Judge.

C. Rob Marcum sued Dan Gardner, Jay Steele, and DG Productions, LLC (“DGP”) (collectively, the “defendants”), claiming that he was entitled to the return of $50,000 he had loaned to the defendants. The trial court initially granted summary judgment to the defendants, and we reversed on appeal in light of the unresolved factual conflicts as to the nature of the parties’ transaction. On remand, the trial court granted Marcum’s motion for summary judgment. The defendants appeal, claiming that the trial court erred because (i) Marcum either entered into a binding contract to invest…