J.G. v. State ((In re B.C.G.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of B.C.G., a person under eighteen years of age. ______________________________ J.G., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080607-CA F I L E D (December 4, 2008) 2008 UT App 439 ----Third District Juvenile, Salt Lake Department, 500851 The Honorable C. Dane Nolan Attorneys: Candice Ragsdale-Pollock, Salt Lake City, for Appellant Mark Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce and Amy Mitchell, Salt Lake City, Guardians Ad Litem ----- Before Judges Greenwood, Thorne, and Orme. PER CURIAM: J.G. (Father) appeals the termination of his parental rights in B.C.G. In his petition on appeal, Father asserts there was insufficient evidence to support the termination. However, he has failed to provide this court with an adequate record to review his claim, and thus, the trial court's order must be affirmed. Pursuant to rule 54(a) of the Utah Rules of Appellate Procedure, where an appellant intends to challenge the sufficiency of the evidence supporting a finding or conclusion, "the appellant must include in the record a transcript of all evidence relevant to" the challenged finding or conclusion. Utah R. App. P. 54(a). Father has failed to provide the transcript of his termination trial, in contravention of rule 54. In the absence of an adequate record on appeal, we cannot reach the issues raised and must presume the correctness of the disposition. See State v. Miller, 718 P.2d 403, 405 (Utah 1996) (per curiam). Accordingly, the termination of Father's parental rights is affirmed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Gregory K. Orme, Judge 20080607-CA 2

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