State of Utah, in the interest of M.M., A.M., and S.S.

----ooOoo----

State of Utah, in the interest of M.M., A.M., and S.S.,
persons under eighteen years of age.
_____________________________

T.S.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020041-CA

F I L E D
April 4, 2002 2002 UT App 95 -----

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

Attorneys:
Scott L. Wiggins, Salt Lake City, for Appellant
Mark L. Shurtleff, John Peterson, and Carol L. Verdoia, Salt Lake City, for Appellee
Martha Pierce and Tracy S. Mills, Salt Lake City, Guardians Ad Litem

-----

Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for summary disposition for lack of jurisdiction. The order terminating T.S.'s parental rights was entered by the juvenile court on November 21, 2001. T.S.'s notice of appeal was not filed in the juvenile court until January 4, 2002, well after the thirty day time limit for filing a notice of appeal. See Utah R. App. P. 4(a). T.S.'s prior counsel filed a motion to accept the untimely notice of appeal in the juvenile court along with the notice. The juvenile court denied the motion and indicated that T.S. had failed to demonstrate good cause for extending the period of time to file the notice of appeal. All of the parties agree that the notice of appeal was untimely and that this court does not have jurisdiction.

When a matter is outside the court's jurisdiction, this court retains only the authority to dismiss the action. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616; State v. Palmer, 777 P.2d 521, 522 (Utah Ct. App. 1989); Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Therefore, we dismiss the appeal for lack of jurisdiction.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

______________________________
William A. Thorne Jr., Judge