State of Utah, in the interest of K.P.

----ooOoo----

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

C.P.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020582-CA

F I L E D
October 18, 2002 2002 UT App 339 -----

Third District Juvenile, Salt Lake Department
The Honorable Robert S. Yeates

Attorneys:
Justin G. Jensen, Draper, for Appellant
Mark Shurtleff, Carol L. Verdoia, and John M. Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem -----

Before Judges Jackson, Billings, and Bench.

PER CURIAM:

Appellant filed his notice of appeal thirty-one days after entry of the trial court's final order. Therefore, the notice of appeal was untimely. See Utah R. App. P. 4(a). Appellant argues that he received ineffective assistance of counsel in failing to file a timely notice of appeal. As this court has previously stated, a timely notice of appeal is required to confer jurisdiction upon this court. See Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action. See id. Appellant must proceed by a petition for extraordinary relief if he believes he received ineffective assistance of counsel.

The appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge