C.R. v. State

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C.R. v. State

IN THE UTAH COURT OF APPEALS

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

_____________________________

C.R.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040132-CA
 

F I L E D
(May 20, 2004)
 

2004 UT App 167

 

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Second District Juvenile, Ogden Department

The Honorable J. Mark Andrus

Attorneys: C.R., Draper, Appellant Pro Se

Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee

Martha Pierce and Cynthia L. Havlicek, Salt Lake City, Guardians Ad Litem

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Before Judges Billings, Orme, and Thorne.

PER CURIAM:

    This case is before the court on its own motion for summary dismissal on the basis of an untimely notice of appeal. The trial court entered its final order terminating C.R.'s parental rights on July 9, 2002. C.R. filed his notice of appeal on February 18, 2004, well beyond thirty days after entry of the final order. See Utah R. App. P. 10. Therefore, the notice of appeal was untimely.

    Failure to file a timely notice of appeal deprives this court of jurisdiction. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶17, 13 P.3d 616. Once a court determines that it lacks jurisdiction, it "retains only the authority to dismiss the
action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1998).

Accordingly, we dismiss the appeal.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Gregory K. Orme, Judge

______________________________

William A. Thorne Jr., Judge

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