L.B. v. State (In re D.S.M.)

L.B. v. State (In re D.S.M.)

IN THE UTAH COURT OF APPEALS

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

_____________________________

L.B.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030865-CA
 

F I L E D
(March 11, 2004)
 

2004 UT App 62

 

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Seventh District Juvenile, Moab Department

The Honorable Mary L. Manley

Attorneys: K. Andrew Fitzgerald, Moab, 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, Jackson, and Thorne.

PER CURIAM:

L.B. seeks to appeal an order of the juvenile court terminating her parental rights. This case is before the court on a sua sponte motion for summary dismissal for lack of jurisdiction.

The juvenile court entered its order terminating L.B.'s parental rights on September 23, 2003. L.B. filed her notice of appeal on October 30, 2003. A notice of appeal must "be filed with the clerk of the trial court within thirty days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

Once a court has concluded 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 this appeal for lack of jurisdiction. Our disposition makes it unnecessary to consider the alternative grounds for disposition.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge