First American Title Insurance Co. v. APEX TITLE INC et al

Filing 160

ORDER granting 153 Motion for Default Judgment; granting 157 Motion to Dismiss Party; granting 159 Motion to Dismiss Party. Ordered by U.S. District Judge CLAY D LAND on 03/05/2014. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
FIRST AMERICAN TITLE INSURANCE
COMPANY,

*
*

Plaintiff,
*
vs.

CASE NO. 4:12-CV-10 (CDL)
*

MICHAEL A. EDDINGS, SONYA
EDDINGS, COLUMBUS BANK AND
TRUST COMPANY, et al.,

*
*

Defendants.
O R D E R
This Order should be the final chapter in this action which
arises from the misappropriation of more than $1.5 million from
the fiduciary trust account that attorney Michael A. Eddings had
with Columbus Bank and Trust Company.

Plaintiff, which had

issued title insurance on several of the affected properties,
made payments to the victims of the misappropriation and brought
this

action

previously
against

to

recover

entered

Michael

A.

the

summary

amounts

judgment

Eddings,

The

it
in

Law

paid.
favor

Office

The
of

of

Court

Plaintiff
Michael

A.

Eddings, P.C., and Apex Title, Inc. for breach of contract,
indemnification, and professional negligence in the amount of
$1,987,770.91.

Plaintiff now seeks a default judgment against

Sonya Eddings (ECF No. 153) and the dismissal of all remaining
claims

pending

in

this

action

(ECF

Nos.

157

and

159).

As

explained below, these motions are granted.

Accordingly, final

judgment shall be entered in favor of Plaintiff First American
Title

Insurance

Company

against

Michael

A.

Eddings,

The

Law

Office of Michael A. Eddings, and Apex Title, Inc. in the amount
of $1,987,770.91, and in favor of Plaintiff First American Title
Insurance

Company

$2,087,770.91.
liable

for

against

Sonya

Eddings

in

the

amount

of

These Defendants are jointly and individually

$1,987,770.91,

and

Sonya

Eddings

is

individually

liable for an additional $100,000.
I.

Motion for Default Judgment Against Sonya Eddings
Defendant

Sonya

Eddings

never

answered

Plaintiff’s

Complaint, and she is in irretrievable default.

Plaintiff’s

factual allegations against her are therefore deemed admitted.
Those

allegations

establish

that

Sonya

Eddings

fraudulently

misappropriated money from a fiduciary trust account and used
that money for the benefit of herself and others.
affidavit
claim

evidence

for

submitted

damages,

compensatory

the

damages

of

by

Court

Plaintiff
finds

$1,551,231.20

in

that

that

Plaintiff

incurred

support

Plaintiff

proximately

Defendant Sonya Eddings’s fraudulent conduct.
finds

litigation

Based on
of

its

suffered

caused

by

The Court further

expenses,

including

attorney’s fees, in the amount of $436,539.71, and that those
fees and expenses are recoverable from Defendant Sonya Eddings.
The Court also finds that Sonya Eddings’s fraudulent conduct was

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willful and intentional and authorizes an award of $100,000 in
punitive

damages

Accordingly,

against

Plaintiff

is

her

to

entitled

punish
to

and

her.

against

judgment

deter

Sonya

Eddings in the total amount of $2,087,770.91.
II.

Plaintiff’s Motion to Dismiss Remaining Claims
The Court previously entered summary judgment in favor of

Plaintiff against Michael A. Eddings, The Law Office of Michael
A. Eddings, P.C., and Apex Title, Inc. for breach of contract,
indemnification, and professional negligence in the amount of
$1,987,770.91.

Plaintiff now seeks to dismiss without prejudice

any remaining claims that it asserted against these Defendants
and any claims against Defendants Uptown Fish House, LLC and
Eddings Holdings, Inc. d/b/a The Coffee Beanery.

No objection

has been filed to that motion, and the Court finds that it
should be, and is hereby, granted.
III. Motion to Dismiss CB&T
Plaintiff has settled all of its claims against Columbus
Bank

and

Trust Company and seeks dismissal of those claims.

That motion is granted.
CONCLUSION
The Court directs the Clerk to enter final judgment in
favor
against

of

Plaintiff

Michael

A.

First

American

Eddings,

The

Title

Law

Insurance

Office

of

Company

Michael

A.

Eddings, and Apex Title, Inc. in the amount of $1,987,770.91,

3

and in favor of Plaintiff First American Title Insurance Company
against Sonya Eddings in the amount of $2,087,770.91.
Defendants

are

jointly

and

individually

liable

These
for

$1,987,770.91, and Sonya Eddings is individually liable for an
additional $100,000.

IT IS SO ORDERED, this 5th day of March, 2014.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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