State of Utah, in the interest of B.B., T.B., T.B., and E.B.

----ooOoo----

State of Utah, in the interest of B.B., T.B., T.B., and E.B.,
persons under eighteen years of age.
_____________________________

C.B.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020711-CA

F I L E D
October 24, 2002 2002 UT App 354 -----

Third District Juvenile, Salt Lake Department
The Honorable Andrew A. Valdez

Attorneys:
Jeffrey J. Noland, Salt Lake City, for Appellant
Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee -----

Before Judges Jackson, Billings, and Thorne.

PER CURIAM:

This case is before the court on Appellee's motion for summary dismissal because of an untimely notice of appeal. The juvenile court's order terminating Appellant's parental rights was issued July 31, 2002. Appellant's notice of appeal was not filed until September 5, 2002, more than thirty days after entry of the final judgment. See Utah R. App. P. 4(a).

Appellant concedes that the notice of appeal was filed beyond the thirty days, but requests that this court extend the time for filing the notice of appeal because of excusable neglect or good cause. See Utah R. App. P. 4(e). Specifically, appellate counsel contends that he did not have a current address for Appellant during the time for filing the notice of appeal.

Appellant, however, has never filed a motion for extension of time in the juvenile court. This court does not have authority to extend the time for filing a notice of appeal. See In re M.S., 781 P.2d 1287, 1288 (Utah Ct. App. 1987). The time for filing such a motion has now passed. Accordingly, this court lacks jurisdiction over the appeal. 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.").

The appeal is dismissed.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
William A. Thorne Jr., Judge