ANN BUCKINGHAM F/K/A ANN DOSS v. ANDREW DOSS
CourtCourt of Appeals of Georgia
Date FiledOctober 28, 2026
DocketA27D0231
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 28, 2026
The Court of Appeals hereby passes the following order:
A27D0231. ANN BUCKINGHAM F/K/A ANN DOSS v. ANDREW DOSS.
In this post-divorce proceeding, the trial court entered an amended order to
perfect service, which corrected a scriveners error, nunc pro tunc, and clarified that
defendant, Andrew Doss, not plaintiff, Ann Buckingham, was responsible for serving
the third-party defendant with a copy of its December 22, 2025 order. In the
December 22, 2025 order, the trial court denied Buckingham’s request for release
from incarceration and reserved ruling on other matters pending service on the third-
party defendant. Buckingham has filed a timely application for discretionary appeal
from the amended order to perfect service. We lack jurisdiction.
OCGA § 5-6-35(a)(2) ordinarily requires an application for discretionary review
in domestic relations cases, such as this one. The trial court’s amended order to
perfect service, however, is interlocutory because the trial court explicitly reserved
ruling on other matters in its December 22, 2025 order until after service was
perfected, and there is no indication in the records before this Court that service has
been perfected or that those issues have been resolved. For this reason, Buckingham
was required to follow the interlocutory appeal procedure of OCGA § 5-6-34(b) in
order to appeal. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996) (“The
discretionary appeal statute does not excuse a party seeking appellate review of an
interlocutory order from complying with the additional requirements of OCGA §
5-6-34(b).”). Accord Scruggs v. Ga. Dep’t of Human Res., 261 Ga. 587, 588–89(1) (408
SE2d 103) (1991). Because Buckingham did not do so, we lack jurisdiction. See Sapp
v. Sapp, 294 Ga. 435, 435 (754 SE2d 79) (2014) (dismissing appeal as interlocutory
because trial court’s judgment “reserve[d] an issue to be determined later”).
Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/28/2026
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.