R.A.W. v. 8th Dist Crt Vernal

----ooOoo----

In the matter of the adoption of R.C., a minor.
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R.A.W. and E.W.G.,
Petitioners and Appellants,

v.

Eighth District Court, Vernal,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010983-CA

F I L E D
January 31, 2002 2002 UT App 24 -----

Eighth District, Vernal Department
The Honorable John R. Anderson

Attorneys:
R.A.W., Celesta, BC, Canada, and E.W.G., Payson, Arizona, Petitioners Pro Se
Brent M. Johnson, Salt Lake City, for Respondent -----

Before Judges Billings, Davis, and Thorne.
PER CURIAM:

This matter is before the court on an appeal of the trial court's denial of Appellant's request to open sealed adoption records. The trial court's ruling denying the motion to open the adoption records with regard to R.A.W. was not dated, but the mailing certificate, on the same page as the ruling, is dated August 10, 2001. The file stamp of the court, however, is November 29, 2001. Appellant's notice of appeal is also file stamped November 29, 2001. The trial court contends that the file stamp is inaccurate because the trial court did not stamp the documents until the notice of appeal was filed.

This court is bound by the date of the file stamp. See In Re M.S., 781 P.2d 1287, 1288 (Utah Ct. App. 1989). Rule 58A(c) of the Utah Rules of Civil Procedure indicates that a judgment is entered when signed and filed. "If the procedures for initiating an appeal set forth in our rules are to have any practical significance, determination of timeliness cannot be presumed or inferred from the actions of the trial court." Id. The reverse is also true that untimeliness cannot be presumed or inferred from the actions of the trial court.

Because the court's ruling bears a file stamp of November 29, 2001 and the notice of appeal was filed on November 29, 2001, the notice of appeal is timely filed. Therefore, this court's sua sponte motion for summary disposition is withdrawn and the appeal with respect to R.A.W. shall proceed to briefing. Appellant R.A.W.'s opening brief is to be filed on or before March 1, 2002.

With respect to E.W.G., no final order or ruling has issued from the trial court; therefore, there is no appealable order and this court lacks jurisdiction. See Utah R. App. P. 3(a). The appeal of E.W.G. is dismissed without prejudice to filing a timely notice of appeal upon entry of a final order or ruling.
 
 

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Judith M. Billings,
Associate Presiding Judge
 
 

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James Z. Davis, Judge
 
 

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William A. Thorne, Jr., Judge