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Aghili v. Banks

Given that the defendants' attorney had an extensive role in selling the appellants' homes and in appearing as an advocate for the homeowners' association, management company and at times (arguably) for the buyer, he should not have been permitted to testify by affidavit in the summary judgment proceeding.

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REVERSED AND REMANDED AND OPINION FILED AUGUST 23, 2001.

OPINION

Appellants, Bahram Aghili and Mitra Rafii, appeal a summary judgment granted against them in a lawsuit they brought to set aside the non-judicial foreclosure of their homes by their condominium owners’ association. Although they bring five issues, we address only one: whether the trial court erred in admitting as evidence the affidavit of the lawyer who conducted the non-judicial foreclosure because he appeared in this case as an attorney for the condominium association, management company, himself, and seemingly at times for the buyer of the homes. Because we hold that the trial court erred in admitting the affidavit, and because there is a fact issue without the affidavit, we reverse and remand for further proceedings.

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