State of Utah, in the interest of S.E.H.

----ooOoo----

State of Utah, in the interest of S.E.H.,
a person under eighteen years of age.
_____________________________

T.H.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020283-CA

F I L E D
July 11, 2002 2002 UT App 239 -----

First District Juvenile, Brigham City Department
The Honorable Larry E. Jones

Attorneys:
Roy D. Cole, Ogden, for Appellant
Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem -----

Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary dismissal for a notice of appeal that did not appear to be timely. A notice of appeal must be filed within thirty days of entry of the final judgment. See Utah R. App. P. 4(a). Appellant filed a docketing statement in which she declared she was appealing a ruling entered February 6, 2002. Appellant filed her notice of appeal on April 2, 2002. Therefore, it appeared the notice of appeal was untimely. However, after receipt of the trial court record and the parties' responses to the court's motion, the record reflects the actual entry of the final judgment was made March 26, 2002. Therefore, the notice of appeal was timely filed.

Based on the forgoing, this court hereby withdraws its sua sponte motion for summary disposition, as the timely filing vests this court with jurisdiction over the appeal. The court will notify the parties upon setting a briefing schedule.
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Pamela T. Greenwood, Judge
 
 

______________________________
Gregory K. Orme, Judge