State of Utah in the interest of B.B.

Annotate this Case
B.L.B and R.D.B. v. State. Filed April 29, 1999 IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of B.B.,
a person under eighteen years of age.
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B.L.B. and R.D.B.,

Appellants,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 971708-CA

F I L E D
April 29, 1999


1999 UT App 144 -----

Second District Juvenile, Farmington Department
The Honorable Diane W. Wilkins

Attorneys:
Scott L. Wiggins, Salt Lake City, for Appellants
Jan Graham and John Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Greenwood, Davis, and Jackson.

PER CURIAM:

A notice of appeal must "be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). The order which appellants seek to appeal was entered on October 6, 1997. Their notice of appeal was not filed until November 6, 1997, 31 days later. Appellants asked the trial court to extend the time period for filing their notice of appeal, but it refused. In a December 3, 1998, memorandum decision in Case No. 971739, this court upheld the trial court's refusal to extend the 30 day appeal period and on April 19, 1999, the supreme court denied appellants' petition for writ of certiorari.

Since the appellants' notice of appeal was late and they were unable to secure an extension, we have no alternative but to dismiss their appeal for lack of jurisdiction.
 
 

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Pamela T. Greenwood,
Associate Presiding Judge
 
 

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James Z. Davis, Judge
 
 

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Norman H. Jackson, Judge