FEDERAL NATIONAL MORTGAGE ASSOCIATION v. EDDINGS et al

Filing 49

ORDER granting 48 Motion for Final Judgment. Ordered by U.S. District Judge CLAY D LAND on 01/23/2014. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

*
*

Plaintiff,
*
vs.

CASE NO. 4:12-cv-72 (CDL)
*

MICHAEL A. EDDINGS, THE LAW
OFFICE OF MICHAEL A. EDDINGS,
P.C., and APEX TITLE, INC.,

*
*

Defendants.
*
O R D E R
Plaintiff

brought

claims

against

Defendants

Michael

A.

Eddings, The Law Office of Michael A. Eddings, P.C., and Apex
Title, Inc. (collectively, “Eddings Defendants”) based on the
Eddings Defendants’ mishandling of trust account funds.

The

Eddings

for

Defendants

conducted

two

real

estate

closings

property sold by Plaintiff, and although the buyers wired funds
into the Eddings Defendants’ trust account and Plaintiff deeded
the

properties

to

the

buyers,

the

Eddings

Defendants

never

disbursed those funds to Fannie Mae.
The Court previously granted Plaintiff’s motion for summary
judgment as to Plaintiff’s claims for money had and received,
breach of fiduciary duty, conversion, and fraud.

Fed. Nat’l

Mortg. Ass’n v. Eddings, No. 4:12-cv-72 (CDL), 2013 WL 6494347
(M.D. Ga. Dec. 10, 2013).

Based on these claims, the Court

concluded that the Eddings Defendants owe Plaintiff $212,425.45
as a matter of law.

Id. at *3.

Plaintiff did not seek summary

judgment on its remaining claims for attorneys’ fees or punitive
damages.
final

Plaintiff has now abandoned these claims and moves for

judgment

based

on

the

Court’s

summary

judgment

Order.

Pl.’s Mot. for Final J. 2, ECF No. 48.
Plaintiff recovered $155,370.31 from the Eddings Defendants
in a separate interpleader action.

Order for Disbursement of

Funds, ECF No. 209 in Case No. 4:11-CV-184 (MSH) (M.D. Ga. Aug.
14, 2013).
$57,055.14.

Therefore, the Eddings Defendants now owe Plaintiff
The Clerk is directed to enter final judgment in

favor of Plaintiff and against the Eddings Defendants in the
amount of $57,055.14.

Plaintiff shall also recover its costs as

taxed by the Clerk.

IT IS SO ORDERED, this 23rd day of January, 2014.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

2