After plaintiffs voluntarily dismissed a premises-liability suit and then filed a renewal action, the trial court in the dismissed case awarded Waffle House more than $100,000 in attorney fees under OCGA 9-15-14. The plaintiffs sought discretionary review, but the Court of Appeals dismissed the application on the theory that the renewal action meant the original case was still pending and therefore the fee award was interlocutory absent a certificate of immediate review. The question before the Supreme Court of Georgia was whether a renewal action keeps the dismissed case alive for purposes of finality under OCGA 5-6-34 (a) (1). The Court held that it does not and reversed. It explained that a renewal suit is a new case, not a continuation of the old one, so once the fee order disposed of the dismissed case, that case was no longer pending below. Because the fee award was a final judgment in the original case, no certificate of immediate review was required and the discretionary application should have been considered on the merits.