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Arko v. Cirou

The creditor's close, personal friendship with the debtors did not establish a confidential relationship, which would excuse the creditor's failure to read the documents.

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In this action to collect a debt, lender Robert Arko appeals the summary judgment granted to debtors Martin and Gail Cirou, arguing that modifications to the debt instruments, although executed by him, were invalid. We agree with the trial court that because no evidence showed a confidential relationship between him and the Cirous, Arko’s decision not to read the modifications before executing them rendered such arguments meritless. Accordingly, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant or denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1

So viewed, the evidence shows that Arko, a successful businessman, came to know the Cirous who ran a construction business when they satisfactorily remodeled a portion of Arko and his wife’s home in 2003. The two couples soon became close friends who often socialized together. Arko later loaned the Cirous $450,000 to finance their constructing a house in the Garrison Oaks neighborhood, which debt was repaid.

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