Elisabeth Callaham v. John Callaham

Court of Appeals of the State of Georgia ATLANTA,____________________ November 09, 2026 The Court of Appeals hereby passes the following order: A27A0625. ELISABETH CALLAHAM v. JOHN CALLAHAM. Elisabeth Callaham filed both a pro se application for discretionary review and a notice of appeal from the trial court’s judgment and decree of divorce. We dismissed the application for failure to comply with the interlocutory appeal procedure, as the trial court’s order specifically reserved the issue of attorney fees, which left the case pending below. See Case No. A27D0151 (Oct. 7, 2026). The direct appeal has been docketed as the current case. We again lack jurisdiction. As an initial matter, an appeal from a judgment in a divorce case must be initiated by filing a discretionary application, not a direct appeal. See OCGA § 5-6- 35(a)(2), (b). Furthermore, because a divorce decree that reserves ruling on an issue is interlocutory, Callaham was required to follow the interlocutory appeal procedure to obtain review of the trial court’s order. See Islamkhan v. Khan, 299 Ga. 548, 550(1) (787 SE2d 731) (2016); OCGA § 5-6-34(b). Her failure to follow the correct procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/09/2026 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.