R.T. v. State (In re A.T.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of A.T., a person under eighteen years of age. ______________________________ R.T., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080421-CA F I L E D (July 17, 2008) 2008 UT App 275 ----Third District Juvenile, Salt Lake Department, 523712 The Honorable Frederic (Ric) M. Oddone Attorneys: Candice Ragsdale-Pollock, Salt Lake City, for Appellant Mark L. Shurtleff, John M. Peterson, and Carol L.C. Verdoia, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Greenwood, Thorne, and Billings. PER CURIAM: R.T. (Father) appeals from the juvenile court's order terminating his parental rights. We dismiss the appeal based upon lack of jurisdiction. "A notice of appeal from an order in a child welfare proceeding . . . must be filed within 15 days of the entry of the order appealed from." Utah R. App. P. 52(a). The time for filing a child welfare appeal may be extended only by motion filed before the expiration of the original fifteen-day filing period. See id. R. 59(a). These time frames cannot be suspended or extended. See id. R. 2. The order Father appeals from was entered on April 24, 2008. Accordingly, Father was required to file his notice of appeal no later than fifteen days after that date, i.e., May 9, 2008. Father filed his notice of appeal with the juvenile court on May 12, 2008. appeal was untimely. Therefore, the notice of Based upon the untimely notice of appeal, this court lacks jurisdiction over this appeal and must therefore dismiss it. See In re A.M., 2005 UT App 2, ¶ 5, 106 P.3d 193 (mem.) (per curiam). ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20080421-CA 2

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