M.N. v. State (In re S.N.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah in the interest of S.N., Z.N., and J.N., persons under eighteen years of age. ______________________________ M.N. Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070958-CA F I L E D (January 10, 2008) 2008 UT App 16 ----Fourth District, Provo Department, 869022 The Honorable Mary T. Noonan Attorneys: James G. Clark, Provo, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee ----- Before Judges Billings, Davis, and Greenwood. PER CURIAM: M.N. (Appellant) appeals the termination of her parental rights. We dismiss the appeal. Appellant timely filed her notice of appeal on November 21, 2007. Rule 55(a) of the Utah Rules of Appellate Procedure provides that an appellant must file his or her petition on appeal within fifteen days from the filing of the notice of appeal. Appellant's petition on appeal was due December 6, 2007. See id. Appellant faxed her petition to the court on the evening of December 6, 2007. A faxed filing is considered "received" when stamped by the clerk's office. The time for stamping is limited to regular office hours. Because Appellant's petition was faxed after office hours, it was not filed until December 7, 2007. See id. As a result, the petition was not timely filed. If the petition on appeal is not timely filed, "the appeal shall be dismissed." Id. Accordingly, Appellant's appeal is dismissed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge 20070958-CA 2

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