D.H. v. State (In re D.H.)

D.H. v. State (In re D.H.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of D.H.,
a person under eighteen years of age.

_______________________________

D.H.,

Appellant,

v.

State of Utah,

Appellee.

 MEMORANDUM DECISION (Not For Official Publication)

 Case No. 20050199-CA

 F I L E D (May 19, 2005)
 

2005 UT App 218

 

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Second District Juvenile, Ogden Department, 435147

The Honorable Stephen A. Van Dyke

Attorneys: Dee W. Smith, Ogden, for Appellant

Mark L. Shurtleff and Jeanne B. Inouye, Salt Lake City, for Appellee

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Before Judges Billings, Bench, and Jackson.

PER CURIAM:

    D.H. appeals from a restitution order entered by the juvenile court. This case is before the court on a sua sponte motion for summary dismissal on the basis that this court lacks jurisdiction because the notice of appeal was untimely filed. Although the motion gave notice that this appeal might be dismissed if D.H. did not file a memorandum in response, D.H. has not responded to the motion.

    The restitution order appealed from was entered on January 26, 2005. D.H.'s notice of appeal was not filed until February 28, 2005. A notice of appeal from a juvenile court decision must be filed "with the clerk of the juvenile court within 30 days after the entry of the judgment, order, or decree appealed from." Utah R. Juv. P. 52(a); see also Utah R. App. P. 4(a).(1) If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. Once a court has determined 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. 1989).

    D.H. failed to file a notice of appeal within thirty days of the entry of final judgment. As a result, this court has no jurisdiction to consider D.H.'s appeal and must dismiss. See Serrato, 2000 UT App 299 at ¶7; Varian-Eimac, Inc., 767 P.2d at 570.

    Accordingly, we dismiss D.H.'s appeal.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Russell W. Bench,

Associate Presiding Judge

______________________________

Norman H. Jackson, Judge

1. This time limitation does not apply to an appeal from a child welfare proceeding as defined in rule 1(f) of the Utah Rules of Appellate Procedure. See Utah R. App. P. 1(f).