L.G. v. State (In re N.B.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of N.B., a person under eighteen years of age. ______________________________ L.G., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050362-CA F I L E D (August 4, 2005) 2005 UT App 342 ----Third District Juvenile, Salt Lake Department, 456654 The Honorable Christine S. Decker Attorneys: Tupakk A.G. Renteria, Salt Lake City, for Appellant Mark Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee Martha Pierce and Suchada Bazelle, Salt Lake City, Guardians Ad Litem ----- Before Judges Billings, Bench, and Greenwood. PER CURIAM: L.G. (Mother) appeals the juvenile court's adjudication order finding her son, N.B., to be neglected. The order appealed was entered by the juvenile court on March 14, 2005. It appears, however, that the parties were not notified of the entry of the order. Mother did not discover the order had been entered until April 6, after the time for appeal had run. Mother filed a motion for extension of time to appeal, which the juvenile court granted. The notice of appeal was filed on April 15. Pursuant to rule 52 of the Utah Rules of Appellate Procedure, a notice of appeal from an order relating to child welfare proceedings must be filed within fifteen days of the entry of the order. See Utah R. App. P. 52(a). Moreover, any motion for an extension of time to file a notice of appeal must be filed within the same fifteen days after the entry of the order. See Utah R. App. P. 59(a). Mother's motion for an extension was not timely filed, and thus, the juvenile court lacked jurisdiction to consider the motion. As a result, the notice of appeal in this case is not timely, and this court lacks jurisdiction over this appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.2d 616. Accordingly, this appeal is dismissed. ______________________________ Judith M. Billings, Presiding Judge ______________________________ Russell W. Bench, Associate Presiding Judge ______________________________ Pamela T. Greenwood, Judge 20050362-CA 2

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