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Callaway v. Garner

The award of attorneys' fees to the shareholders in their action for specific performance of a stock purchase agreement was reversed, since it was third-party family members who acted in bad faith in the stock purchase transaction, and not the defendant.

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Following a bench trial, the trial court ordered the estate of Cason J. Callaway, Jr. the “Callaway Estate” to specifically perform an agreement to purchase shares of Callaway Blue Springs Water Company “Callaway Blue” from two shareholders for $1,200,000 and awarded the shareholders prejudgment interest and attorney fees. The Callaway Estate now appeals, contending that the trial court erred in granting specific performance of the stock purchase agreement and in awarding prejudgment interest and attorney fees. For the reasons discuss below, we affirm the trial court’s grant of specific performance and award of prejudgment interest, but we reverse the court’s award of attorney fees.

“On appeal from the entry of judgment in a bench trial, we view the evidence in the light most favorable to the trial court’s verdict.” Westmoreland v. JW, LLC, 313 Ga. App. 486, 487 722 SE2d 102 2012. We will affirm a trial court’s factual findings in a bench trial if there is any evidence to support them because “such a standard gives the proper deference to the trial court, which is in the best position to judge the credibility of witnesses.” Cox v. Bayland Properties, LLC, 293 Ga. App. 612, 613 1 667 SE2d 452 2008. Mindful of this deferential standard, we turn to the evidence presented at the bench trial in this case.

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