S.C. v. W.L. & C.L.

S.C. v. W.L. & C.L.

2001 UT App 389

IN THE UTAH COURT OF APPEALS

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In the matter of the adoption of K.C., a minor.

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S.C.,
Appellant,

v.

W.L. and C.L.,
Appellees and Cross-appellants.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000353-CA

F I L E D
(December 13, 2001)

 

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Second District, Farmington Department
The Honorable Douglas L. Cornaby

Attorneys: 
S.C., Layton, Appellant Pro Se
Frank J. Falk, Salt Lake City, and John K. Rice, Midvale, for Appellees

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Before Judges Greenwood, Jackson, and Davis.

PER CURIAM:

This case is before the court on (1) Appellees' motion for dismissal of the appeal and for decision on cross-appeal and request for costs and attorney fees; and (2) Appellant's affidavit withdrawing appeal and opposing Appellees' request for fees and costs. Appellees' motion to dismiss is rendered moot by Appellant's affidavit requesting dismissal of her appeal. Further, Appellees' cross appeal, arguing that the trial court erred in granting a full hearing on the issue of Appellant's consent to adoption, is also rendered moot by Appellant's motion to dismiss her appeal.

Appellees seek costs and attorney fees pursuant to Rule 3 of the Utah Rules of Appellate Procedure. Rule 3 contemplates the imposition of fees and costs, "as the appellate court deems appropriate," as a sanction for failure to prosecute an appeal. Utah R. App. P. 3(a). Appellees do not demonstrate a basis for assessment of the sanction in this case.

We grant Appellant's motion to voluntarily dismiss the appeal. Appellees' motion to dismiss and rule on the cross appeal is denied as moot. It is further ordered that Appellees' request for costs and attorney fees is denied.

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Pamela T. Greenwood, Presiding Judge

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Norman H. Jackson, Associate Presiding Judge

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James Z. Davis, Judge