Stump v. Young

Because the trial court's order made it clear that the issues of attorneys' fees, costs and interest remain to be resolved, it was not a final judgment, and absent a certification of immediate review and application for interlocutory appeal, appellant's direct appeal was premature.

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In Young v. Stump ,1 we affirmed the grant of summary judgment to Ann Stump, the executrix of William Rowland’s estate, finding that Rowland’s former wife, Donna Young, relinquished her interest as beneficiary in his IRA pursuant to a waiver provision in their divorce settlement agreement.2 Following receipt of the remittitur, the trial court entered final judgment on April 28, 2009. The judgment included an award of attorney fees, court costs, and prejudgment interest. On February 4, 2010, Young filed a “motion to vacate and set aside pursuant to OCGA § 9-11-60 d; extraordinary motion for new trial pursuant to OCGA § 5-5-41 a; and motion for temporary stay of enforcement of judgment.” Among the grounds she asserted was that “said Final Order was never served upon either Defendant or Defendant’s counsel, either by opposing counsel or by the Clerk of Court’s office. As such, Defendant was entirely unaware of the entry of the final judgment.” Young moved to set aside only that portion of the final order as pertained to attorney fees, costs of litigation, and prejudgment interest, noting that the trial court had never held a hearing on Stump’s claim therefor.

The trial court held a hearing on Young’s motion and then granted it. In its order, the court vacated and set aside the portion of its final judgment that awarded attorney fees and interest. The trial court correctly ruled that it should have scheduled a hearing on those issues.3 Stump directly appealed to this Court. Young filed a motion to dismiss the appeal, arguing that the trial court’s order is not final and may not be appealed absent a certificate of immediate review.

Stump v. Young

Because the trial court's order made it clear that the issues of attorneys' fees, costs and interest remain to be resolved, it was not a final judgment, and absent a certification of immediate review and application for interlocutory appeal, appellant's direct appeal was premature.

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