Wooten v. Bank of Am., N.A.

Present: LEMONS, C.J., GOODWYN, MIMS, McCLANAHAN, POWELL, and KELSEY, JJ., and MILLETTE, S.J.

Opinion *849 Opinion by Justice D. ARTHUR KELSEY. **308 The trial court in this case entered summary judgment against Iracy Wooten, based on the doctrine of judicial estoppel. Finding it inapplicable as a matter of law to this case, we reverse and remand.

I

In November 2002, Gary C. Wooten purchased property and received sole title. He married Iracy M. Wooten in 2005. On November 15, 2007, Gary Wooten borrowed money and executed a deed of trust to secure the loan. Iracy Wooten did not sign the loan…