State of Utah v. C.J.C.

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State v. C.J.C. Filed August 26, 1999 IN THE UTAH COURT OF APPEALS


State of Utah, in the interest of K.C., a person under eighteen years of age,

State of Utah,
Plaintiff and Appellee,


Defendant and Appellant.

(Not For Official Publication)

Case No. 990512-CA

August 26, 1999
  1999 UT App 249 -----

Third District Juvenile, Tooele Department
The Honorable Kimberly K. Hornak

Julie George McPherson, Salt Lake City, for Appellant
Jan Graham and Carol L.C. Verdoia, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem


Before Judges Wilkins, Billings, and Jackson.


Pursuant to Utah Rule of Appellate Procedure 4(a) 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." Under this rule, the latest possible date on which appellant could have filed her notice of appeal was May 24, 1999. However, the notice of appeal was not filed until June 3, 1999, and, therefore, is untimely. Because appellant's notice of appeal was not timely filed, we have no alternative but to dismiss the appeal for lack of jurisdiction. See Glezos v. Frontier Inv., 896 P.2d 1230, 1233 (Utah Ct. App. 1995).

Appellant asks this court to excuse the untimeliness of the notice of appeal and grant her additional time to file the notice under Utah Rule of Appellate Procedure 4(e). We cannot. This court is not at liberty to suspend the application of Rules 4(a) and 4(e). See Utah R. App. P. 2. Rule 4(e) provides the exclusive procedure whereby a party may seek an extension of time to file a notice of appeal. See Glezos, 896 P.2d at 1233. Appellant has failed to follow this procedure.

The appeal is dismissed.

Michael J. Wilkins,
Presiding Judge

Judith M. Billings, Judge

Norman H. Jackson, Judge