Stump v. Young, 307 Ga. App. 583

In Young v. Stump, the appellate court previously affirmed summary judgment for Stump, holding Donna Young relinquished her IRA beneficiary interest under a divorce waiver.
After remittitur, the trial court entered final judgment on April 28, 2009, awarding attorney fees, court costs, and prejudgment interest.
On February 4, 2010, Young moved to vacate and for a new trial under OCGA § 9-11-60(d) and § 5-5-41(a), asserting the final order was never served on her or her counsel.
The trial court vacated the fee and interest portions of the final judgment, ruling a hearing should have been held on those issues, and trial proceeded on remanded matters.
Stump appealed to the Georgia Court of Appeals; Young moved to dismiss, arguing the trial court’s order was not final and lacked a certificate of immediate review.
The Court of Appeals dismissed the direct appeal as premature because the judgment left unresolved issues in the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the direct appeal is proper from a non-final judgment	Young maintains the order is final or, alternatively, that the issues are clerical and appealable by direct review.	Stump contends the judgment left unresolved issues (fees, costs, prejudgment interest) and requires an interlocutory review.	Direct appeal dismissed; not a final judgment.

Mays v. City of Fairburn, 301 Ga.App. 386, 687 S.E.2d 591 (2009) (trial court must hold a hearing on attorney fees under OCGA § 9-15-14)
Downs v. C.D.C. Fed. Credit Union, 224 Ga.App. 869, 481 S.E.2d 903 (1997) (clerical error and direct appeal principles cited)
Northen v. Mary Anne Frolick & Assocs., 235 Ga.App. 804, 510 S.E.2d 122 (1998) (direct appeal dismissed where attorney fees remain in dispute)
Leventhal v. Moseley, 264 Ga. 891, 453 S.E.2d 455 (1995) (principles underlying direct appeal and finality discussed)