C.B. v. State (In re A.C.)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of A.C., R.C., J.C., R.C., and O.C.,
persons under eighteen years of age.

______________________________

C.B.,
Appellant,

v.

State of Utah,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030437-CA
 

F I L E D
(August 7, 2003)
 

2003 UT App 280

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Third District Juvenile, Salt Lake Department

The Honorable Robert S. Yeates

Attorneys:
Rod Gilmore, Layton, for Appellant
Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Davis, Greenwood, and Thorne.

PER CURIAM:

Appellant C.B. appeals from an order terminating her parental rights. The appeal is now before the court on its own motion to dismiss for lack of jurisdiction. See Utah R. App. P. 10(e).

A notice of appeal must be filed with the juvenile court clerk "within 30 days after the entry of the . . . order . . . appealed from." Utah R. Juv. P. 52(a); see also Utah R. App. P. 4(a). The order terminating Appellant's parental rights was entered on March 28, 2003. Appellant was required to file a notice of appeal no later than April 28, 2003. See Utah R. Juv. P. 4(a) (providing that if last day of thirty-day period is Sunday, the period is extended to the next day). However, Appellant's notice of appeal is stamped as filed on April 29, 2003.

Appellant asserts that file copies indicate that the juvenile court received the notice on April 28, 2003, and therefore claims the notice was timely filed. However, there is no record evidence establishing that the juvenile court received the notice on April 28, 2003, or accepted the faxed notice as timely. Further, this court is "'bound by the filing date [stamped] on the notice of appeal,'" which establishes that the notice was untimely filed on April 29, 2003. Glezos v. Frontier Invs., 896 P.2d 1230, 1233 (Utah Ct. App. 1995) (quoting In re M.S., 781 P.2d 1287, 1288 (Utah Ct. App. 1989) (per curiam)).

When a notice of appeal is not timely filed, this court lacks jurisdiction to consider the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. Accordingly, the appeal is dismissed.

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge