J.D. v. State (In re J.D.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah in the interest of J.D., a person under eighteen years of age. ______________________________ J.D., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070979-CA F I L E D (February 28, 2008) 2008 UT App 60 ----Second District Juvenile, Ogden Department, 980063 The Honorable Kathleen M. Nelson Attorneys: Jonathan B. Pace, Ogden, for Appellant Mark L. Shurtleff, Carol L.C. Verdoia, and John M. Peterson, Salt Lake City; and David W. Fureigh, Ogden, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Thorne, Bench, and Billings. PER CURIAM: J.D. (Father) appeals the termination of his parental rights. Because this court lacks jurisdiction over the appeal, we dismiss it. If an original notice of appeal is not signed by the parent, an amended notice of appeal must be filed within fifteen days of the original notice of appeal. See Utah R. App. P. 53(b). When an amended notice of appeal is not timely filed, the appeal must be dismissed for lack of jurisdiction. See In re J.J.L., 2005 UT App 322, ΒΆ 6, 119 P.3d 315. Father did not sign the initial notice of appeal as required by rule 53(b). See Utah R. App. P. 53(b). Accordingly, Father was required to file an amended notice with his signature to perfect jurisdiction. Father filed his amended notice twenty days after the original notice of appeal was filed. Because Father failed to file a signed amended notice of appeal within fifteen days of filing his original notice, his amended notice of appeal is untimely and his appeal must be dismissed. See id. Accordingly, Father's appeal is dismissed. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Judith M. Billings, Judge 20070979-CA 2

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