Background
In August 2026, the trial court entered a judgment and decree of divorce between Elisabeth Callaham and John Callaham. The decree specifically reserved the issue of attorney fees for later resolution.
Elisabeth Callaham sought discretionary review of the divorce decree in the Court of Appeals of Georgia. She did not obtain a certificate of immediate review under Georgia’s interlocutory-appeal procedure.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. A divorce decree that grants a divorce while reserving an issue for later determination is interlocutory, and the reserved attorney-fee issue meant the case remained pending in the trial court.
Because the decree was interlocutory, Elisabeth was required to obtain a certificate of immediate review and follow the procedures in OCGA § 5-6-34(b). A discretionary-appeal application does not eliminate those requirements.
Key Takeaways
- A divorce decree is interlocutory when it reserves attorney fees for future resolution.
- An appeal from such a decree requires compliance with Georgia’s interlocutory-appeal procedure, including a certificate of immediate review.
- The dismissal was jurisdictional and did not resolve the merits of the divorce decree.
Why It Matters
Georgia practitioners should confirm that all reserved issues, including attorney fees, have been resolved before treating a divorce decree as final. If an issue remains pending, appellate review requires the interlocutory route.
The court noted that Elisabeth may file a discretionary-appeal application after attorney fees are resolved, subject to the court’s e-filing and exhibit-page rules.