Gasaway Sues Erwin, Habersham Board of Elections for Attorney Fees

Republican candidate for State House District 28 Representative Dan Gasaway is suing challenger Chris Erwin and the Habersham Board of Elections for attorneys’ fees and court costs.

In a 168-page Memorandum, Gasaway’s Attorney Jake Evans outlined the events leading up to the filing of both lawsuits after the May and December elections.

Evan said the pending appeal does not release Erwin and the Habersham Board of Elections from paying attorneys’ fees and court costs.

“Regardless, the pending appeal does not divest the Court of jurisdiction to rule on Mr. Gasaway’s Motion for Attorneys’ Fees,” Evans argued. “Georgia law establishes that trial courts maintain jurisdiction to rule on matters ancillary or collateral to the underlying judgment, including awards of attorneys’ fees, pending the resolution of an appeal.”

He cited Georgia law that states a defendant who loses a case must pay the costs at the discretion of the court.

“Mr. Gasaway is Entitled to Attorneys’ Fees Under O.C.G.A. § 21-2-529. O.C.G.A. § 21-2-529 states: ‘The . . . defendant shall be liable to the officers and witnesses for the costs made by them, respectively. . . [I]f the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court.’ This provision was included in the Georgia Election Code to discourage obstinate refusals to concede to a new election when the facts and law are clear,” Evans said.

Evans concluded by asking the Court to “award and assess reasonable attorneys’ fees and expenses of litigations against Erwin, and the Boards of Elections in Banks and Habersham Counties” and to set a date for a hearing.

WNEG News reached out to Erwin’s attorney for a response.

On Friday, attorney Bryan Tyson said quote, “Our response isn’t due for a little while longer, so we have not filed a formal response yet. Chris has posted a statement on his Facebook page but we’ll be filing a formal response in the next few weeks.” end quote.

WNEG News searched Erwin’s Facebook page for the response Tyson referred to but could find none.

So far, no date for a hearing on this matter has been determined.