Sinio v. Bledsoe

All that the evidence in this case shows is that appellant prepared and filed an ambiguous affidavit. There is no evidence that she intended the affidavit to be ambiguous or that she intended to mislead the court about plaintiffs financial condition. On the other hand, there is evidence to support one of the two possible meanings of the affidavit, and thus there is evidence that she complied with ORCP 17 C(4). Despite these facts, and without any evidence to support its conclusion other than the affidavit itself, the trial court found that appellant intended the affidavit to be ambiguous and…