State v. S.N. (In re M.N.)

State v. S.N. (In re M.N.)

IN THE UTAH COURT OF APPEALS
 

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

______________________________

S.N.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030967-CA
 

F I L E D
(September 10, 2004)
 

2004 UT App 306
 

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Third District Juvenile, Salt Lake Department

The Honorable Sharon P. McCully

Attorneys: Jeffrey J. Noland, Salt Lake City, for Appellant

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

Martha Pierce, Salt Lake City, Guardian Ad Litem

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Before Judges Billings, Orme, and Thorne.

PER CURIAM:

    S.N. appeals the termination of his parental rights. He asserts that there is insufficient evidence to support the juvenile court's findings.

    When an appellant challenges the findings supporting termination of parental rights, the appellant "'must marshal[] the evidence in support of the findings and then demonstrate that despite this evidence, the [juvenile] court's findings are so lacking in support as to be against the clear weight of the evidence.'" In re E.R., 2001 UT App 66,¶5, 21 P.3d 680 (quoting In re D.G., 938 P.2d 298, 301 (Utah Ct. App. 1997) (second alteration in original)); see also, Utah R. App. P. 24(a)(9) (providing that a party challenging a finding of fact "must first marshal all record evidence that supports the challenged finding"). If an appellant fails to marshal the evidence, the appellate court will "assume that the evidence introduced at trial adequately supported the finding." Young v. Young, 1999 UT 38,¶34, 979 P.2d 338.

    S.N. fails to marshal the evidence in support of the court's findings. Rather, his statement of facts is a narrative of facts most favorable to him, and does not address at all the evidence supporting the juvenile court's findings. Furthermore, his version of the facts is without any record citations to even indicate his version is on the record. S.N. fails to carry his burden on appeal. As a result, this court must presume the juvenile court's findings are supported.

    Accordingly, the termination of S.N.'s parental rights is affirmed.

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Judith M. Billings,

Presiding Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge