J.K. and E.K. v. P.K. and A.K. (In re R. K.)
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IN THE UTAH COURT OF APPEALS ----ooOoo---In the matter of the guardianship of R.K. ______________________________ J.K. and E.K., Petitioners and Appellees, v. P.K. and A.K., Respondents and Appellants. ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090869-CA F I L E D (November 27, 2009) 2009 UT App 348 ----Third District Juvenile, West Jordan Department, 1009735 The Honorable James R. Michie Jr. Attorneys: Orson B. West Jr., Salt Lake City, for Appellants David J. Friel, South Jordan, for Appellees Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Bench, Davis, and McHugh. PER CURIAM: P.K. and A.K. (Parents) appeal the juvenile court's order adjudicating them as having neglected R.K. and granting permanent custody to J.K. and E.K. We dismiss the appeal. Appeals taken from juvenile court orders related to abuse, neglect, dependency, termination, and adoption proceedings are governed by rules 52 through 59 of the Utah Rules of Appellate Procedure. See Utah R. App. P. 1(f). Rule 55(a) of the Utah Rules of Appellate Procedure states, in relevant part: The appellant shall file with the clerk of the Court of Appeals an original and four copies of the petition on appeal. The petition on appeal must be filed with the appellate clerk within 15 days from the filing of the notice of appeal or the amended notice of appeal. If the petition on appeal is not timely filed, the appeal shall be dismissed. Id. R. 55(a). The record indicates that Parents timely filed their notice of appeal with the clerk of the juvenile court on October 22, 2009. See generally Utah R. App. P. 53(a) ("A notice of appeal filed pursuant to Rule 52(a) must be filed with the clerk of the juvenile court where the order was entered."). The fifteen-day period after the notice of appeal was filed in the juvenile court expired on November 6, 2009. Because the petition on appeal was not timely filed with this court within fifteen days after the filing of the notice of appeal, we are required to dismiss the appeal pursuant to rule 55(a). See id. R. 55(a). Accordingly, the appeal is dismissed. ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20090869-CA 2
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