Johnie A. McDaniel, Dick Morrow, M. Michael Kendall, H. Merrill Massengale, and Martha W. McDaniel, in their official capacity as the Board of Commissioners of Spalding County hereinafter referred to as the “Commissioners”, appeal the trial court’s final order and judgment entered in favor of the City of Griffin hereinafter referred to as “the City”, asserting that the trial court committed three errors: 1 it ruled that it was without jurisdiction to adjudicate new issues raised in the Commissioners’ amended answer, which was filed during the pendency of the first appeal; 2 it awarded prejudgment interest at a rate of 1.5 percent per month; and 3 it concluded that the City was entitled to attorney fees without considering any legal grounds for such an award. Because the rate of prejudgment interest awarded against the Commissioners was incorrect, we affirm in part and reverse in part. This is the second appearance of this case in this court. In the first, the parties filed cross-motions for summary judgment, and the trial court granted the Commissioners’ motion and denied the City’s. We reversed the trial court’s judgment, concluding that OCGA § 36-71-13 c1 authorized the City to collect the sewer connection fee from Spalding County.2 Specifically, we held that the City was entitled to collect a proportionate share of the capital cost of its sewer facilities as a condition of sewer service without adopting an impact fee ordinance.3 The specific facts involved in the case are set forth fully in that opinion.4
Our decision reversing the grant of summary judgment to the Commissioners was published on November 8, 2004. The Commissioners filed an amended answer on December 13, 2004. The remittitur from this court was issued on May 23, 2005, and filed in the trial court on May 25, 2005. The trial court entered judgment on the remittitur on July 22, 2005. Because the Commissioners objected to the proposed judgment and argued that the evidentiary posture of the case had changed, the court ordered a hearing to occur on October 25, 2005.
