Dillard-Winecoff, LLC v. IBF Participating Income Fund

Barnes, Judge.

Dillard-Winecoff, LLC sued IBF Participating Income Fund and a number of related entities (collectively “Interbank”) for fraud, wrongful foreclosure, breach of fiduciary duty, and breach of contract in connection with a real estate acquisition loan. The trial court granted summary judgment to Interbank. Dillard-Winecoff appeals, and we reverse because the claims against Interbank are not precluded by judicial estoppel, res judicata, or collateral estoppel.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material…