Joseph M. Eways v. The Georgia Railroad Bank and Stewart O'Shell

Appellant Joseph Eways appeals a default judgment against him. We reverse the district court’s award of $50,000.00 for bad faith damages. We vacate the district court’s award of $107,913.82 for litigation expenses to the extent that such award exceeds $54,711.57, and remand for a determination of whether litigation expenses in excess of $54,711.57 can be properly awarded. In all other respects, we affirm the default judgment.

I. The $50,000.00 Award For “Bad Faith Damages”

The district court awarded to appellee Georgia Railroad Bank (“Bank”) $50,000.00 “bad faith damages.” To justify this…