In the Interest Of: R. K.,a Child
CourtCourt of Appeals of Georgia
Date FiledJuly 13, 2026
DocketA26A2278
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 13, 2026
The Court of Appeals hereby passes the following order:
A26A2278. IN THE INTEREST OF R. K., A CHILD.
On April 22, 2026, the Juvenile Court of Troup County found that R. K., a
minor, had committed three acts of child molestation and entered orders adjudicating
him delinquent and transferring the case to the Juvenile Court of Lanier County for
final disposition.1 R. K. then filed the underlying appeal challenging the adjudication
of delinquency. We, however, lack jurisdiction.
As a general rule, a right of direct appeal lies from only a final judgment — that
is, where the case is no longer pending below. See OCGA § 5-6-34(a)(1). “The ‘in the
court below’ language in OCGA § 5–6–34(a)(1) is generally used to refer to a trial
court as distinguished from an appellate court[,]” and “a case transferred from one
trial court to another trial court is still ‘pending in the court below.’”In the Interest of
W.L., 335 Ga. App. 561, 562 (782 SE2d 464) (2016) (punctuation omitted). Thus,
because the Troup County court transferred the case to Lanier County for final
disposition, the adjudication of delinquency does not constitute a final order. Id.
(dismissing as premature an appeal from a delinquency adjudication because the trial
court had transferred the case to a different county for final disposition).
Given the interlocutory nature of the order at issue, R. K. could obtain
1
In transferring the case, the court found that R. K. was a legal resident of
Lanier County.
immediate review of the same only by complying with the interlocutory appeal
procedures set forth in OCGA § 5-6-34(b). See Islamkhan v. Khan, 299 Ga. 548, 551
(2) (787 SE2d 731) (2016). R. K.’s failure to follow the interlocutory appeal
procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/13/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.