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Vossoughi v. Polaschek

Supreme Court of Iowa

February 13, 2015

AHMAD S. VOSSOUGHI and C, N, & A, INC., Appellants,
v.
JOSEPH A. POLASCHEK and MICHAEL J. MELOY, Appellees

Page 644

Appeal from the Iowa District Court for Scott County, David H. Sivright Jr., Judge. Plaintiffs appeal from an adverse summary judgment ruling dismissing legal malpractice claims against two attorneys.

Steven E. Ballard and Michael J. Harris of Leff Law Firm, L.L.P, Iowa City, for appellant.

Robert V.P. Waterman Jr. and Joshua J. McIntyre of Lane & Waterman, LLP, Davenport, for appellee Polaschek.

John T. Flynn of Brubaker, Flynn & Darland, P.C., Davenport, for appellee Meloy.

HECHT, Justice. All justices concur except Waterman, J., who takes no part.

OPINION

Page 645

HECHT, Justice.

Vossoughi and a company owned by him brought this legal malpractice action against attorneys who prepared documents in connection with the sale of real and personal property. Vossoughi appeals from a district court ruling granting summary judgment to both attorneys. Because we conclude the summary judgment should not have been granted in favor of either attorney, we reverse and remand for further proceedings.

I. Factual Background and Proceedings.

A reasonable fact finder viewing the evidence in the light most favorable to Vossoughi and C, N, & A, Inc. could find the following facts from the summary judgment record. Ahmad Vossoughi was the sole owner of C, N, & A, Inc. The company owned and operated Cigarette Oasis, LLC (Oasis). Oasis was located on real estate Vossoughi owned in Davenport, Iowa. In September 2006, Vossoughi and C, N, & A, Inc. entered into a set of agreements with Mark Polaschek (Mark), who managed

Page 646

BVM Enterprises LLC (BVM) and PPM Properties, Inc. (PPM). The contracting parties were represented by counsel; Vossoughi and C, N, & A, Inc. were represented by Michael J. Meloy, and Mark was represented by his brother Joseph Polaschek (Polaschek).

After five or six hours of negotiations, the parties executed three separate agreements on September 15, 2006: (1) an " Asset and Business Name Purchase Agreement," setting out that BVM would pay C, N, & A, Inc. the sum of $261,281.98 to acquire Oasis; (2) a " Noncompetition Agreement," requiring PPM to pay Vossoughi an additional $70,000; and (3) a " Real Estate Contract," ...


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