Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 17, 2026 The Court of Appeals hereby passes the following order: A27A0343. KIMBERLY DENISE POLSTON v. JOHN MARCUS POLSTON. On April 29, 2025, the trial court entered a final judgment and divorce decree dissolving the marriage between Kimberly Denise Polston (“Wife”) and John Marcus Polston and addressing, inter alia, the equitable division of property, child custody and visitation, child support, and alimony. On May 27, 2025, Wife filed three motions for reconsideration seeking modification of the divorce decree. On June 10, 2025, the trial court denied Wife’s motions. Between June 10, 2025 and June 14, 2025, Wife filed approximately 11 additional motions, including a motion for contempt and a motion for sanctions. Notwithstanding her pending motions, on June 14, 2025, Wife filed a notice of appeal seeking review of the denial of her motion for reconsideration. This Court, however, lacks jurisdiction for two reasons. First, ordinarily, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(2), (b).1 In this case, however, the order Wife seeks to appeal is not a final order, as her motions remain pending. Therefore, in order to appeal the trial court’s orders, Wife was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34(b); Onyemobi v. Onyemobi, 375 Ga. App. 538, 541 (916 SE2d 738) (2025) (holding that 1 While the divorce decree here determined, among other things, child custody, such determination does not transform this case into a “child custody case” subject to direct appeal under OCGA § 5-6-34(a)(11). See Todd v. Todd, 287 Ga. 250, 251–52(1) (703 SE2d 597) (2010). parties in divorce cases that challenge interlocutory custody rulings must comply with the interlocutory appeal procedure). Parties seeking appellate review from an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute. See generally Bailey v. Bailey, 266 Ga. 832, 832–33 (471 SE2d 213) (1996). Wife’s failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal. Second, even if Wife had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-38(a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Perry v. Paul Hastings, LLP, 362 Ga. App. 140, 141 (866 SE2d 855) (2021). A motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of such a motion is not itself an appealable judgment. Mosher v. Mosher, 378 Ga. App. 187, 189 (919 SE2d 831) (2025). Because Wife’s notice of appeal was filed 46 days after entry of the trial court’s order she seeks to challenge, the appeal is untimely. For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/17/2026 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.